Source: All England Reporter
Publisher Citation: [2005] All ER (D) 360 (Dec)
Neutral Citation: [2005] EWCA Civ 1605
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Rix and Richards LJJ
Representation Paul Bowen (instructed by Bindmans) for the claimant.
  Angus McCullough (instructed by the Treasury Solicitor) for the defendant.
  Tim Ward (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department as interested party.
Judgment Dates: 21 December 2005

Catchwords

Mental health - Mental health review tribunal - Discharge of restricted patient - Standard of proof - Whether standard of proof to be applied by tribunal ordinary civil standard of proof on balance of probabilities - Whether tribunal to apply standard of proof to all issues to be determined - , ss 72, 73.

The Case

The standard of proof to be applied by a Mental Health Review Tribunal, when determining all issues concerning whether to discharge a restricted patient under ss72 or 73 of the was that of the ordinary civil standard of proof on the balance of probabilities.

Practice Areas

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