||All England Reporter
|| All ER (D) 360 (Dec)
|| EWCA Civ 1605
||Court of Appeal, Civil Division
Sir Anthony Clarke MR, Rix and Richards LJJ
||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.
||21 December 2005
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 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.
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