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Court of Appeal lacks jurisdiction to hear appeal

20/12/13

TA v. AA and Knowsley Metropolitan Borough Council

On 19^th December 2013 the Court of Appeal dismissed TA’s application for permission to appeal under s. 21A of the Mental Capacity Act 2005 challenging the lawfulness of a standard authorisation on the ground that TA’s Article 5(4) ECHR rights had been breached. The Court of Appeal held that it had no jurisdiction to hear the appeal because the principle in Lane v. Esdaile [1891] AC 210 applied.

The judgment is here.

Richard Gordon QC represented the First Respondent AA.