R (Rayner and Marsh) v SSHD [2007] EWHC 1028 (Admin)

In order for section 75 (which requires the Home Office to refer a case to the MHRT within one month of recall) to be compatible with Article 5(4) (which contemplates the right of immediate application) the Secretary of State must refer the case of a recalled patient at once to the MHRT unless the circumstances of the applicant or his case positively require otherwise.