Source: All England Reporter
Publisher Citation: [2002] All ER (D) 380 (Jan)
Court: Administrative Court

Scott Baker J

Representation Hugh Southey (instructed by Edwards Law) for the claimant.
  Eleanor Grey (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 29 January 2002


Practice - Striking out - Action - Claimant applying for judicial review - Claimant claiming that detention as mental patient not speedily determined in breach of human rights - Claimant absconding and not attending hearing to determine whether his continued detention should continue - Other cases raising same point - Whether abuse of court's process to allow judicial review to continue.

The Case

In all the circumstances, since, viewing the case in the most favourable light to the claimant, the only fruits of the instant litigation for a breach of art5(4) of the European Convention on Human Rights would be very modest damages, it would be an abuse of the process of the court to allow the litigation to continue. Accordingly, the claimant's claim would be struck out.

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