TTM v London Borough of Hackney & Others

Judge: President of the QBD, Toulson and Jackson LJJ.

Citation: [2011] EWCA Civ 4

Summary: By way of brief reference only, as it is a case concerning obligations under the MHA 1983, the recently decided case of TTM in which Alex Ruck Keene was involved contains important clarification as to liabilities for compensation for breaches of Article 5 ECHR. The reasoning of the Court of Appeal is, we suggest, equally applicable to cater for circumstances where a deprivation of liberty occurs in the MCA field where the relevant authority is not, in fact, itself the detainer, but where it has a causative role in the deprivation of liberty. It is also certainly consistent with approach adopted by Munby LJ in Re A and Re C regarding the positive obligations imposed by Article 5(1) ECHR upon public authorities to act where they are aware of a deprivation of liberty occurring.

CategoryCOP jurisdiction and powers - Damages Date


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