Source: All England Reporter
Publisher Citation: [2011] All ER (D) 159 (Oct)
Neutral Citation: [2011] EWHC 2617 (QB)
Court: Queen's Bench Division, Divisional Court

Pitchford LJ and Supperstone J

Representation Christopher Butler (instructed by Steel & Shamash) for the claimant.
  Alexander Ruck Keene (instructed by Bates, Wells & Braithwaite LLP) for the first defendant.
  Debra Powell (instructed by Directorate of Legal Services) for the second defendant.
Judgment Dates: 13 October 2011


Mental health - Admission of patient to hospital - Admission for assessment - Police officers forming view claimant mentally disordered - Claimant being taken to psychiatric hospital for assessment - Claimant being in hospital for thirteen hours before decision taken to admit her - Whether hospital having power to deprive claimant of liberty under common law doctrine of necessity - Whether detention breaching claimant's rights - ss 2, 135, 136 - ss 5, 6 - European Convention on Human Rights, art 5.

The Case

Mental health Admission of patient to hospital. The Divisional Court, in allowing the claimant's application for judicial review, held that the claimant's detention in a psychiatric hospital had been unlawful and in breach of her rights under art5 of the European Convention on Human Rights.

Practice Areas

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