| Display title | Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436 |
| Default sort key | Djaba v West London Mental Health NHS Trust (2017) EWCA Civ 436 |
| Page length (in bytes) | 1,829 |
| Page ID | 8975 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 1 |
| Counted as a content page | Yes |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 23:01, 2 July 2017 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 13:12, 15 May 2019 |
| Total number of edits | 6 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | "[T]he appeal is concerned with the narrow issue whether the statutory tests within ss. 72, 73 and 145 of the Mental Health Act 1983 require a 'proportionality assessment' to be conducted, pursuant to articles 5 and/or 8 of the European Convention of Human Rights and Fundamental Freedoms and the Human Rights Act 1998, taking into account the conditions of the appellant's detention. ... The position established by these cases is that, where the question whether the detention complies with the European Convention on Human Rights is not expressly within the powers of the tribunals but can be heard in other proceedings, section 3 of the Human Rights Act 1998 does not require the powers of the tribunals to be interpreted by reference to the Convention to give them the powers to consider Convention-compliance as well. The same principle applies here too. In this case, the appellant must apply for judicial review to the Administrative Court if he considers that the conditions of his detention are disproportionate and do not comply with the Convention. That Court is able to carry out a sufficient review on the merits to meet the requirements of the Convention." |
