From Mental Health Law Online
Statement of facts and question lodged with court. Case concerns the procedure under s139 MHA 1983.
- Seal v UK 50330/07 (2009) ECHR 806 - statement of facts and question to the parties
Extract from transcript
The applicant complains under Article 6 § 1 of the Convention that the decision to strike out his claim in respect of assault and false imprisonment deprived him of access to court. He further complains under Article 6 § 1 together with Article 14 that the provisions of section 139(2) of the Mental Health Act 1983 discriminate against litigants seeking to take legal action arising from detention under the compulsory powers contained in the 1983 Act.
Question to the parties
1. In all the circumstances, did the decision to strike out the applicant’s claim regarding his removal and detention under the Mental Health Act 1983 deprive him of access to court, in violation of Article 6 § 1 of the Convention?