Court of Appeal rules on procedural routes for human rights challenges to judicial acts


Re: Mazhar v Lord Chancellor [2019] EWCA Civ 1558

This was an appeal against an order of Sir Ernest Ryder SPT by which he dismissed the Appellant’s claim for a declaration that an order made by Mostyn J, under the inherent jurisdiction of the High Court, authorising his removal to, and detention in, a hospital was an unlawful violation of his rights underof the European Convention on Human Rights, art 5.

The main question that arose in this appeal concerned whether the Human Rights Act 1998 permits a person to bring a claim in the High Court for a declaration that an earlier order of that Court was an unlawful violation of his Convention rights, or whether the claimant’s only remedy is an appeal against that order.

Taking into account the correct construction of the Human Rights Act 1998, the Court dismissed the appeal against the order made by the SPT but for different reasons from those given and granted permission to appeal out of time against Mostyn J’s order of 22 April 2016.

Hugh Tomlinson QC and Nick Armstrong were involved in this case