KB & Ors, R (on the application of) v Mental Health Review Tribunal & Anor

KB & Ors, R (on the application of) v Mental Health Review Tribunal & Anor

Damages for breach of Article 5.4 ECHR (delay in tribunal hearings) are not automatic; they are awarded only where necessary to afford just satisfaction, which requires proof of significant distress or actual loss. Exemplary damages are not available. Damages for loss of opportunity are not awarded unless the claimant proves on the balance of probabilities that earlier discharge would have occurred. The measure of damages should reflect domestic standards, taking into account the European Court's approach but ensuring adequacy in the UK context.

Parties
Claimants: KB, MK, JR, GM, PD, TB and B; First Defendant: Mental Health Review Tribunal; Second Defendant: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
13 February 2003
Procedural Posture
Judicial Review / Judgment on Damages Following Earlier Finding of Breach
Outcome
Damages awarded to some claimants; others receive declaration only.
Legal Topics
Damages for Breach of Convention Rights, Article 5 ECHR, Mental Health Act 1983, Judicial Remedies Under Human Rights Act 1998, Speedy Tribunal Hearings, Compensation for Delay, Exemplary Damages, Loss of Opportunity
Human Rights Law Mental Health Law Administrative Law Damages for Breach of Convention Rights Article 5 ECHR Mental Health Act 1983 Judicial Remedies Under Human Rights Act 1998 Speedy Tribunal Hearings +3 more

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Parties

KB, MK, JR, GM, PD, TB and B

Claimants

Mental Health Review Tribunal

First Defendant

Secretary of State for Health

Second Defendant

Procedural Posture

Judicial Review / Judgment on Damages Following Earlier Finding of Breach

Legal Issues

  1. 1 Are damages obligatory for breach of Article 5.4 ECHR (speedy tribunal hearing) under the Human Rights Act 1998?
  2. 2 What is the measure and scope of damages for delay in tribunal hearings under Article 5.4?
  3. 3 Are feelings of frustration and distress compensatable?

Ratio Decidendi

Damages for breach of Article 5.4 ECHR (delay in tribunal hearings) are not automatic; they are awarded only where necessary to afford just satisfaction, which requires proof of significant distress or actual loss. Exemplary damages are not available. Damages for loss of opportunity are not awarded unless the claimant proves on the balance of probabilities that earlier discharge would have occurred. The measure of damages should reflect domestic standards, taking into account the European Court's approach but ensuring adequacy in the UK context.

Court Disposition

Damages awarded to some claimants; others receive declaration only.

Orders

  • PD awarded £1,000 for distress and delay.
  • KB: declaration of breach only; no damages.