View source for R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49

''(1) There was no challenge to the first instance judge's finding that the common law duty of procedural fairness applies to decisions to transfer from medium to high security. (2) However, the judge had gone beyond what fairness requires, by requiring an overly-adversarial procedure. (3) Relief should not have been given on the facts of L's case, including because he had been able to put across his side of a disputed incident and had ceased objecting to transfer. (4) The ability of the decision-making process to achieve fairness has an undesirable element of fortuity. The decision-making process should therefore be "amended so that, absent urgency, a clinical reason precluding such notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the 'gists' of the letter of reference to the high security hospital by the hospital that wishes to transfer the patient and the assessment by the clinician from the high security hospital are provided to the patient and/or his representative, and that the patient be afforded an opportunity to make written submissions to the panel." ''

==Related judgments==
[[R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49]]
*[[R (L) v West London MH NHS Trust (2012) EWHC 3200 (Admin), (2012) MHLO 114]]

==ICLR==
{{ICLR|R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49}}

==External link==
{{#bailii:(2014) EWCA Civ 47}}

[[Category:Miscellaneous cases]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2014 cases]]