| Source: | All England Reporter |
| Publisher Citation: | [1998] All ER (D) 303 |
| Court: | House of Lords |
| Judge: | Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Nolan, Lord Steyn and Lord Hope of Craighead |
| Representation | Richard Gordon QC and Paul Bowen (instructed by Scott Moncrieff Harbour & Sinclair) for L. |
| John Grace QC and Andrew Grubb (instructed by Beachcroft Stanleys) for the Trust. | |
| Nigel Pleming QC and Rabinder Singh (instructed by the Solicitor, Department of Health and Social Security) for the Secretary of State for Health. | |
| Michael Heywood (instructed by Lester Aldridge, Bournemouth) for the national Association of Nursing Homes. | |
| The Treasury Solicitor submitted written submissions only for the Mental Health Commission. | |
| Judgment Dates: | 25 June 1998 |
Catchwords
Habeas corpus - Grounds for grant of writ of habeas corpus - Unlawful detention - Appellant admitted to mental unit in hospital on informal basis and kept there - Appellant autistic with no ability to communicate - Whether appellant being detained - Whether appellant being detained unlawfully - Whether common law doctrine of necessity justifying detention - .
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