There are a number of circumstances in which the Common law offers no Remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible, or where HRA 1998 adds to the available remedies for a claimant.
It should be noted that where HRA 1998 does provide an additional remedy, the damages recovered are not set off against those obtained from a common law claim or vice versa. The position is the same where the claimant recovering damages in an HRA 1998 claim has also recovered compensation from the Criminal Injuries Compensation Authority (CICA).
However, for guidance on the potential implications where there may be some overlap in the harm being compensated in a civil claim, a CICA claim and a HRA 1998 claim, see Practice Note: Personal injury claims under the Human Rights Act 1998—Deduction of damages from common law or CICA claims?
See generally Practice Note: Personal injury claims under the Human Rights Act 1998.