# Case (Section 136 detention and section 139 leave). KU v Commissioner of the City of London Police \[2023\] EWHC 1853 (KB)

**URL:** <https://forum.mentalhealthlaw.co.uk/t/case-section-136-detention-and-section-139-leave-ku-v-commissioner-of-the-city-of-london-police-2023-ewhc-1853-kb/1777>\
**Category:** MHLO updates\
**Created:** [1 August 2023 16:21 UTC](https://forum.mentalhealthlaw.co.uk/t/case-section-136-detention-and-section-139-leave-ku-v-commissioner-of-the-city-of-london-police-2023-ewhc-1853-kb/1777 "2023-08-01T16:21:49Z")\
**Posts on this page:** 1\
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**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\
**Post date:** [1 August 2023 16:21 UTC](https://forum.mentalhealthlaw.co.uk/t/case-section-136-detention-and-section-139-leave-ku-v-commissioner-of-the-city-of-london-police-2023-ewhc-1853-kb/1777/1 "2023-08-01T16:21:49Z")

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— The police entered the claimant's flat, asked him to enter the corridor, and in the corridor detained him under [s136](https://www.mentalhealthlaw.co.uk/S136 "S136"). The claimant sought damages for false imprisonment, arguing that the s136 power had been unlawfully exercised in his flat. The defendant argued that the High Court's [s139](https://www.mentalhealthlaw.co.uk/S139 "S139") leave should be set aside (on the basis that a Master cannot grant leave, or because of procedural failings or impropriety), or that the claim should be struck out (for similar procedural reasons), or that summary judgment should be granted, or that the decision to grant leave was wrong on the merits. The defendant's arguments were unsuccessful.

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Full details available at: [https://www.mentalhealthlaw.co.uk/KU\_v\_Commissioner\_of\_the\_City\_of\_London\_Police\_(2023)\_EWHC\_1853\_(KB)?id=250723-2216](https://www.mentalhealthlaw.co.uk/KU_v_Commissioner_of_the_City_of_London_Police_(2023)_EWHC_1853_(KB)?id=250723-2216)