MM v WL Clinic [2016] UKUT 37 (AAC)
Conditional discharge and DOL Charles J refused permission to appeal his earlier decision (the main point of which was that, for the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty). The Secretary of State can seek permission from the Court of Appeal [and subsequently did].
Appeal status information/thanks
- Court of Appeal grant of permission. On 9/3/16 the Court of Appeal granted permission because "[T]he appeal raises important points of principle which ought to be considered by this court and on which there is a real prospect of success" and directed that the hearing of the appeal be expedited. Thanks to Donald Tiong (Bison Solicitors) for providing the Court of Appeal PTA decision.
- Listing news: "Lord Justice Moor-Bick has directed that [C3/2016/0561 Re MM] be expedited into the court list and be heard with C3/2015/4104 Re: PJ with a combined time estimate of 2 days. It has now been imposed into the list floating over the 8th and 9th June 2016." (Email from Civil Appeals Office, 17/3/16)
Full judgment: BAILII
Subject(s):
- Powers🔍
Date: 21/1/16🔍
Court: Upper Tribunal (Administrative Appeals Chamber)🔍
Judicial history:
MM case:
- SSJ v MM [2018] UKSC 60
- SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194 (joint judgment)
- MM v WL Clinic [2016] UKUT 37 (AAC) (permission to appeal refused)
- MM v WL Clinic [2015] UKUT 644 (AAC)
PJ case:
Judge(s):
- Charles🔍
Parties:
Citation number(s):
- [2016] UKUT 37 (AAC)B
- [2016] MHLO 3
- Contributors
- PJ v A Local Health Board [2015] UKUT 480 (AAC)
- MM v WL Clinic [2015] UKUT 644 (AAC)
- SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194
- SSJ v MM [2018] UKSC 60
- Welsh Ministers v PJ [2018] UKSC 66
- Jonathan Wilson, 'Mental health: update' (Legal Action, April 2016)
Published: 28/1/16 00:16
Cached: 2024-10-09 15:45:25
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