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R (TTM (By his Litigation Friend TM)) v LB Hackney and East London NHS Foundation Trust |
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| Issue: |
Whether a patient released from detention under s3 Mental Health Act 1983 on a grant of habeas corpus based on a finding that the nearest relative had not withdrawn his objection was entitled to a declaration that his detention had been unlawful; whether damages should be awarded for this detention or for breaches of Arts 5 and/or 8 ECHR; whether the requirement of leave under s139 of the 1983 Act to bring a claim for damages was compatible with Art 6 ECHR; whether it had been proper to make use of 2 medical recommendations from doctors without previous acquaintance with the patient; whether a local authority is liable for the actions of an Approved Mental Health Professional and so a party to a potential action for damages. |
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| Court: |
Court of Appeal |
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| Reference: |
C1/2010/1658 |
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| Neutral Citation: |
[2011] EWCA Civ 4 |
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| Judge(s): |
Sir Anthony May P, Toulson and Jackson LJJ |
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| Date: |
14 January 2011 |