Source: All England Reporter
Publisher Citation: [2002] All ER (D) 304 (Jul)
Court: Administrative Court

Scott Baker J

Representation Paul Bowen (instructed by Scott Moncrieff, Harbour & Sinclair) for the claimant.
  Tim Mould (instructed by the Treasury Solicitor) for the first defendant.
  Martin Chamberlain (instructed by the Treasury Solicitor) for the second defendant.
Judgment Dates: 22 July 2002


Human rights - Liberty - Detention - Lawfulness - Mental health - Claimant recalled to hospital by Secretary of State - Mental Health Review tribunal granting adjournment for Secretary of State to obtain expert evidence - Claimant discharged from hospital nine months after recall - Claimant contending delay breach Convention rights - Whether delay excessive - European Convention on Human Rights, art 5(4).

The Case

There had been a violation of a claimant's rights under art5(4) of the European Convention on Human Rights in circumstances where he had been recalled to secure hospital under the provisions of the and where the Mental Health Review Tribunal had not heard the case for approximately nine months.

Practice Areas

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