The Weekly Law Reports
[2020] 2 WLR 541
Court of Appeal
Mazhar
v
Lord Chancellor
[2019] EWCA Civ 1558
2019 July 30, 31; Oct 2
Sir Terence Etherton MR, Singh, Baker LJJ
Human rights— Breach of Convention rights— Judicial act— Judge authorising removal of claimant to hospital under inherent jurisdiction— Claimant bringing claim seeking declaration against Lord Chancellor that removal and detention constituting unlawful breach of Convention rights— Whether open to claimant to bring claim for declaratory relief against Crown in respect of judicial act— Means by which claim for damages for breach of Convention right by judicial act to be brought— Whether court of co-ordinate jurisdiction able to hear claim—
Human Rights Act 1998 (c 42), ss 7, 9, Sch 1, Pt I, art 5
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CPR r 7.11