LB Haringey v Emile

Mental Capacity Law Cases

LB Haringey v Emile


Summary[1] This is a rare example of a contested determination of damages for deprivation of liberty in the context of DoLS.  It arose out of a claim by the local… Read more »

CategoryArticle 5 ECHR, Article 5 ECHR - Damages Date

R (on the application of Jollah) v Secretary of State for the Home Department


Summary This case concerned an award of damages for false imprisonment in the context of immigration detention. The Secretary of State appealed against an award of damages for false imprisonment… Read more »

CategoryArticle 5 ECHR - Damages Date

R (VC) v Secretary of State for the Home Department


Summary The case concerned a Nigerian national (VC) in the UK who suffered from bipolar affective disorder with psychotic features. He was admitted to hospital on multiple occasions for treatment… Read more »

CategoryArticle 5 ECHR - Damages Date

AP v Tameside MBC


Summary Those acting for the claimant sought declaratory relief and damages of between £100,000 and £150,000 for breaches of Articles 5 and 8 for a period of 30 months’ unlawful… Read more »

CategoryArticle 5 ECHR - Damages, Other proceedings - Civil Date

IN v Ukraine


Summary Mr IN brought criminal proceedings for libel after his employment record noted that he had been dismissed for theft. Following his numerous complaints to the town prosecutor’s office for… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Damages Date

R (on the application of Faulkner) v Director of Legal Aid Casework


Summary We briefly mention this case as it relates, by analogy, to a growing concern in the Court of Protection about the difficulties in securing damages for breaches of P’s… Read more »

CategoryArticle 5 ECHR - Damages Date

Bostridge v Oxleas NHS Foundation Trust


Summary The Court of Appeal has dismissed the appeal in the case of Bostridge v Oxleas NHS Foundation Trust, confirming that the principles set down in the immigration detention context… Read more »

CategoryArticle 5 ECHR - Damages Date

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