BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales Court of Appeal (Civil Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Home Secretary v Mental Health Review Tribunal, Re BR [2005] EWCA Civ 1616 (21 December 2005) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2005/1616.html Cite as: [2005] EWCA Civ 1616 |
[New search] [Context] [View without highlighting] [Printable RTF version] [Help]
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT
(MR JUSTICE BEAN)
Strand, London, WC2A 2LL |
||
B e f o r e :
LORD JUSTICE LAWS
and
LORD JUSTICE SEDLEY
____________________
R (HOME SECRETARY) |
Applicant/ Respondent |
|
- and - |
||
BR (interested party) and MENTAL HEALTH REVIEW TRIBUNAL |
Appellant Defendant |
____________________
Smith Bernal WordWave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7421 4040 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Marie Demetriou (instructed by The Treasury Solicitor) for the Respondent
____________________
Crown Copyright ©
Lord Justice Sedley :
1. An order quashing the Tribunal's decision insofar as it directed an absolute discharge.
2. A declaration that the appellant BR is to be treated as having been conditionally discharged by the Tribunal's order.
3. A mandatory order that the Mental Health Review Tribunal proceed when it reconvenes on 12 January 2006 to determine whether for the purposes of s.73(1) and (2) of the Mental Health Act 1983 as amended they are satisfied that it is not appropriate for the appellant to remain liable to be recalled to hospital for further treatment.