Administrative Court would apply to the conduct in question on an
application for judicial review: s67(2) and (3)(c) RIP A.
(6) Illegality is a head of judicial review. Illegality is established where the
particular conduct is unlawful pursuant to s6(l) of the HRA by virtue of
being incompatible with one or more of his Convention rights and the
respondents cannot rely on s6(2) of the HRA.
(7) Illegality, as a head of judicial review, is established if the conduct in
question violates any common law right to privacy of communications that
the Complainant enjoys, so far as those rights are recognised and protected
by public law.
(8) If the Complainant succeeds in establishing that any conduct to which he
was subjected by or on behalf of the respondent agencies was not a
proportionate interference with his rights under article
8
of the
Convention, and the respondent agencies fail to bring any such conduct
within s6(2) of the HRA, then the Complainant is entitled to succeed to that
extent in his HRA claim and in his complaint, subject to questions of (a) the
jurisdiction of the Tribunal over conduct before 2 October 2000 and (b) the
grant of an extension of time where there has been noncompliance with
time limits.