The Weekly Law Reports
[2018] 2 WLR 1304
Family Division
Mazhar
v
Lord Chancellor
[2017] EWHC 2536 (Fam)
2017 May 24,
25;
Oct 12
Oct 12
Ryder LJ sitting as a High Court judge
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), Sch 1, Pt I, arts 5, 6, 8
—
CPR
r 7.11