MM v WL Clinic  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
- 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. Court of Appeal document provided by Donald Tiong of Bison Solicitors.
- 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)