Mazhar v Lord Chancellor

Subject Matter

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

[2017] EWHC 2536 (Fam); [2018] Fam 257; [2018] 2 WLR 1304; [2017] WLR(D) 680, Fam D

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 constituting unlawful breach of Convention rights — Whether open to claimant to bring claim for declaratory relief against Crown in respect of judicial act — Human Rights Act 1998 (c 42), ss 7, 9, Sch 1, Pt I, art 5 — CPR r 7.11

[2019] EWCA Civ 1558; [2021] Fam 103; [2020] 2 WLR 541; [2020] 1 All ER 246; [2019] WLR (D) 533, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Jurisdiction of High Court and County Court - Cases where County Court jurisdiction is limited 11.2

Main Provisions of the Human Rights Act 1998 - Judicial acts 91.10