So far 270 cases have been added to the database, out of 2095 total cases on the website. To see the full list of cases go to the Mental health case law page.
The relevant pages (and summaries) are displayed at the bottom of this page.
Choose a table:
- Cases (270)
- Contact (252)
- Events (356)
- Jobs (61)
- Legislation (131)
- News (506)
- Resources (347)
- All pages (9043)
Use the filters below to narrow your results.
Showing below up to 1 result in range #1 to #1.
|CM v Derbyshire Healthcare NHS Foundation Trust (2011) UKUT 129 (AAC)||
Nature and degree
(1) The Tribunal's decision not to discharge was made in error of law, and was set aside, (a) because there was no real evidence to support its view that non-compliance with medication and the risk of consequent relapse in the near future would probably occur, (b) because it did not establish that in these circumstances it had complied with the 'least restriction principle', (c) because of the irrationality in paragraph 21 of its decision (in that as the risk was of what might eventually happen it was hard to see how the envisaged leave regime could test that risk), and (d) because continued detention for the purposes of avoiding a chaotic lifestyle or drug taking or the absence of drug counselling is not permitted by law on the facts of this case. (2) The judgment contains a discussion of the 'nature' and 'degree' tests.