The WLR Daily case summaries
[2024] WLR(D) 380
Court of Appeal
MTA (a protected party by his litigation friend the Official Solicitor) v Lord Chancellor
[2024] EWCA Civ 965
2024 April 23, May 9; Aug 13
Underhill, Lewison, Dingemans LJJ
Human rights— Breach of Convention rights— Judicial act— Claimant bringing claim against Lord Chancellor seeking damages on ground court orders breaching Convention rights— Whether abuse of process to bring claim for damages instead of appealing underlying orders— Whether claim to be struck out—
Human Rights Act 1998 (c 42), s 9, Sch 1, Pt I, arts 5, 6