General
Damages57
1
No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—
a
the fact that an individual is included in a barred list;
b
the fact that an individual is not included in a barred list;
c
the provision of prescribed information in pursuance of any of Articles 37, 38, 39, 41, 42, 43, 44, 47 and 48.
2
Paragraph (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either—
a
he is the originator of the information and he knew at the time he originated the information that it was not true, or
b
he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.
3
Nothing in this Order affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act).