LL v The Lord Chancellor

The cumulative procedural errors by Ms Justice Russell, including reliance on an unenforceable recital, failure to recuse, improper handling of evidence, and denial of mitigation, amounted to gross and obvious irregularity, rendering LL's detention unlawful under Article 5 ECHR and entitling him to damages under the Human Rights Act.

Parties: Appellant/claimant: LL; Respondent/defendant: The Lord Chancellor
Jurisdiction: England and Wales
Judgment Date: 10 April 2017
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Judicial Immunity, Unlawful Detention, Contempt of Court, Gross and Obvious Irregularity, European Convention on Human Rights, Human Rights Act 1998, Procedural Fairness

Human Rights Family Law Civil Procedure Judicial Immunity Unlawful Detention Contempt of Court Gross and Obvious Irregularity European Convention on Human Rights +2 more

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Parties

Appellant/claimant

The Lord Chancellor

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether procedural errors by a High Court judge amounted to 'gross and obvious irregularity' justifying damages under section 9 of the Human Rights Act 1998
2 Whether LL's detention breached Article 5 of the European Convention on Human Rights
3 Whether judicial immunity precludes liability for damages in this context

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment of Foskett J reversed
LL entitled to damages against the Lord Chancellor for unlawful detention contrary to ECHR Article 5