The WLR Daily case summaries
[2019] WLR (D) 533
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 seeking declaration against Lord Chancellor that removal and detention unlawful and constituting breach of Convention rights by judicial act— Whether power to grant 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— Whether Lord Chancellor vicariously liable for judicial act—
Human Rights Act 1998 (c 42), ss 6, 7(1)(a), 8(1), 9(1)(c)(3)–(5), Sch 1, Pt I, arts 5, 6, 8
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CPR
r 7.11