TTM v LB Hackney (2011) EWCA Civ 4: Difference between revisions
(Created page with "[Summary to follow shortly.] ==Related judgments== TTM v LB Hackney (2011) EWCA Civ 4 *TTM v LB Hackney (2010) EWHC 1349 (Admin) ==External link== [[Media:TTM v LB Hack...") |
No edit summary |
||
| Line 1: | Line 1: | ||
(1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the Mental Health Act 1983 (“MHA 1983”), it can be held liable in damages for false imprisonment because its unlawful act directly causes the detention; (2) Although the hospital may act lawfully in detaining such a patient under s6(3) MHA 1983, that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) An application for detention that is made contrary to s11(4) MHA 1983 is in breach of Article 5.1 of the European Convention on Human Rights (“ECHR”); (4) Article 5.5 ECHR entitles a person detained in breach of Article 5.1 ECHR to compensation, and s139(1) MHA 1983 can be read down so as to allow such a claim to proceed; (5) the word “practicable” in s12(2) MHA 1983 should be broadly construed; (6) a breach of s12(2) MHA 1983 does not go to jurisdiction, but is one made in the exercise of that jurisdiction. Appeal allowed against the local authority. | |||
==Related judgments== | ==Related judgments== | ||
Revision as of 13:16, 14 January 2011
(1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the Mental Health Act 1983 (“MHA 1983”), it can be held liable in damages for false imprisonment because its unlawful act directly causes the detention; (2) Although the hospital may act lawfully in detaining such a patient under s6(3) MHA 1983, that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) An application for detention that is made contrary to s11(4) MHA 1983 is in breach of Article 5.1 of the European Convention on Human Rights (“ECHR”); (4) Article 5.5 ECHR entitles a person detained in breach of Article 5.1 ECHR to compensation, and s139(1) MHA 1983 can be read down so as to allow such a claim to proceed; (5) the word “practicable” in s12(2) MHA 1983 should be broadly construed; (6) a breach of s12(2) MHA 1983 does not go to jurisdiction, but is one made in the exercise of that jurisdiction. Appeal allowed against the local authority.
Related judgments
TTM v LB Hackney [2011] EWCA Civ 4