View source for R (Davison) v SSJ (2010) All ER (D) 258 (Jul)

''The first order was a s37/41 restricted hospital order. The second order was an unrestricted s37 hospital order, but an administrative error by the court clerk led to the belief that it was also a s37/41 order. The Tribunal conditionally discharged the patient; the SSJ absolutely discharged the first order as being unnecessary, but subsequently discovered the administrative error. The SSJ judicially reviewed himself. The administrative error constituted a mistake of fact that amounted to an error of law: the absolute discharge decision was unlawful and was quashed, making the patient again subject to the conditional discharge regime.''

==Other==
Before: Hickinbottom J

Hearing: 23/7/10

Martin Chamberlain (instructed by the Treasury Solicitor) for the claimant (the head of the [[PPMHG]])

The Secretary of State did not appear and was not represented

The interested party (H, the patient) appeared in person

==External link==
{{#bailii:no ncn}}

Summary of extempore judgment available on LexisLibrary

[[Category:Ministry of Justice cases]]
[[Category:Brief summary]]
[[Category:No transcript]]
[[Category:2010 cases]]