“…, pursuant to section 6 HRA 1998, if not doing so would breach ECHR rights (see e.g., R (Limbuela) v Secretary of State for the Home Department [2005] UKHL 66, [2006] 1 AC 396 at paragraph [5]). In the present context, the section 17 CA 1989 power may become a duty to act if, for example, there would be a breach of Articles 3 or 8 EC…”
“…Mr Hyam further submitted that serious suffering caused by preventing access to benefits can be a breach of Article 3, citing R (Limbuela) v SSHD [2006] 1 AC 396 and other cases. He said there was no proper basis for distinguishing between Articles 2 and 3 in this context.…”