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Amy Street successful in landmark mental health-human rights appeal
In TTM v London Borough of Hackney and Another [2011] EWCA Civ 4, the Court of Appeal has delivered a landmark judgment on a breach of Article 5 of the European Convention on Human Rights. The Court allowed TTM's appeal against Collins J's ruling 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 when the social worker made an unlawful application for his compulsory admission to hospital and that the Appellant was entitled to claim compensation for a breach of Article 5 ECHR. The Court departed from reasoning in earlier cases. Amy Street was junior counsel to TTM.
Link to judgment: Click here
Link to Independent article: http://www.independent.co.uk/news/uk/home-news/detained-patient-wins-right-to-claim-damages-2185167.html
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