TTM (by his litigation friend TM) v LB Hackney & Ors [2011] EWCA Civ 4

TTM (by his litigation friend TM) v LB Hackney & Ors [2011] EWCA Civ 4


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This important case determined (1) whether a person detained pursuant to an ultra vires application for admission for treatment under s.3 Mental Health Act 1983 was detained unlawful from the outset, or only from the moment when the defect was identified by the Court (the former); and (2) whether and (if so) how the MHA 1983 had to be read down so as to entitle the person to compensation for purposes of Article 5(5) ECHR (the Court of Appeal concluding that s.139(1) MHA 1983 should be read down so as to allow the person to recover compensation against the local authority responsible for the AMHP who made the application, because it was more important that hospitals be entitled to rely upon the protection granted by s.6(3) MHA 1983 so as to allow them to act swiftly upon applications received.  The Court of Appeal also clarified the circumstances under which it would not be considered practicable for both doctors who gave a recommendation under s.12 MHA 1983 to be acquainted with the potential patient.   Alex Ruck Keene appeared for the local authority.


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