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

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