Abstract
Seal v UK, ECtHR, appn 50330/07 7 December 2010, [2011] MHLR 1
Highlights
In a number of different legal settings, there are statutory provisions to the effect that permission is required to commence an action
One of the relevant provisions is in the Mental Health Act 1983
The argument that Article 6 is breached by a six-year limitation period is not one that can be raised in the near future, given that the decision in Seal v UK upholds the approach already set in Stubbings v UK that it is a legitimate provision that does not breach Article 6
Summary
In a number of different legal settings, there are statutory provisions to the effect that permission is required to commence an action. It provides, first, a defence of substance:. ‘(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, ..., unless the act was done in bad faith or without reasonable care.’. Senior Lecturer, Faculty of Law, University of Auckland; Editor, Mental Health Law Reports
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