Court of Appeal insists challenge to court order must be by way of appeal (Mazhar v Lord Chancellor)

Table of contents

• What are the practical implications of the judgment?
• What was the background?
• What did the court decide?

Article summary

Local Government analysis: Bethan Harris, barrister at Garden Court Chambers, examines the Court of Appeal's decision that section 9 of the Human Rights Act 1998 (HRA 1998) did not permit the appellant to bring a claim in the High Court for a declaration that an earlier order of that court authorising his removal to, and detention in, hospital was an unlawful violation of his rights under the European Convention on Human Rights (ECHR). The court held that the appellant's only remedy was an appeal against that order.