The Lord Chancellor (2nd defendant/appellant) v MTA (claimant/respondent) & anr
Tuesday 23 April 2024
By Appellant’s Notice filed on 15 February 2023, the Lord Chancellor (LC) appeals against the order made by Freedman J dated 25 January 2023 dismissing the LC’s application to strike out R1’s Part 7 claim for damages arising out of judicial acts under sections 7 and 9 of the Human Rights Act 1998 as an abuse of process.
R1 brought a claim for damages against the LC under section 9 of the HRA on basis that various judicial orders breached his rights under Articles 5 and 6 of the ECHR.
The LC applied to have that claim struck out on basis that it is an abuse of process applying the approach of the CA in Mazhar v Lord Chancellor [2021] Fam 103; R1 should first have appealed the judicial orders under challenge so that the appellate courts can determine whether the judicial orders in question breached his ECHR rights. If such a determination is made, it would then be open to R1 to bring a Part 7 claim for damages.
The judge dismissed the LC’s application.
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