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Court of Appeal holds detention unlawful ab initio and not from date of Court Order


In TTM v London Borough of Hackney and Another [2011] EWCA Civ 4 the Court of Appeal has delivered an important judgment on the application of Article 5 of the European Convention on Human Rights. The Court allowed the Appellant's appeal against the finding of Collins J that his detention under the Mental Health Act 1983 was only unlawful from the date that the Court ruled it to be so. The Court held that the detention was unlawful from inception and that the Appellant was entitled to claim compensation for a breach of Article 5 ECHR. In so holding the Court overruled an earlier decision of Laws J at first instance and disagreed with the obiter reasoning of the Court of Appeal in another case.

The judgment is here.

Richard Gordon QC acted for the appellant.