Storck v Germany 61603/00 [2005] ECHR 406

Revision as of 10:53, 24 March 2021 by Jonathan (talk | contribs) (Text replacement - "Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16" to "Cheshire West and Chester Council v P (2014) UKSC 19")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

Breach of Arts 5, 8 for detention in private clinic. This case is taken as the source of the three-fold analysis of Article 5 deprivation of liberty, which was summarised in Cheshire West and Chester Council v P [2014] UKSC 19 as follows: "... what is the essential character of a deprivation of liberty? ... three components can be derived from Storck ..., confirmed in Stanev ..., as follows: (a) the objective component of confinement in a particular restricted place for a not negligible length of time; (b) the subjective component of lack of valid consent; and (c) the attribution of responsibility to the state."

External link

BAILII