Johnston v Chief Constable of Merseyside Police [2009] EWHC 2969 (QB) (20 November 2009)

Johnston v Chief Constable of Merseyside Police [2009] EWHC 2969 (QB) (20 November 2009)

Permission to bring proceedings under section 139(2) of the Mental Health Act 1983 should be granted where the claim is not frivolous, vexatious, or an abuse of process, and has a real prospect of success. The short delay in bringing the assault claim was excusable, caused by procedural errors of the claimant's legal team, and caused no prejudice to the defendant; therefore, it is equitable to disapply the limitation period under section 33 of the Limitation Act 1980.

Citation
[2009] EWHC 2969
Parties
Proposed Claimant: David Johnston; Proposed Defendant: The Chief Constable of Merseyside Police
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Application for Permission to Bring Civil Proceedings and for Disapplication of Limitation Period / High Court (queen's Bench Division) Permission and Limitation Application
Outcome
Permission granted to bring proceedings; limitation period disapplied for assault claim.
Legal Topics
Assault, False Imprisonment, Limitation of Actions, Section 139 Mental Health Act 1983, Section 33 Limitation Act 1980
Civil Procedure Tort Law Mental Health Law Assault False Imprisonment Limitation of Actions Section 139 Mental Health Act 1983 Section 33 Limitation Act 1980

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Parties

David Johnston

Proposed Claimant

The Chief Constable of Merseyside Police

Proposed Defendant

Procedural Posture

Application for Permission to Bring Civil Proceedings and for Disapplication of Limitation Period / High Court (queen's Bench Division) Permission and Limitation Application

Legal Issues

  1. 1 What is the appropriate test for permission under section 139(2) of the Mental Health Act 1983?
  2. 2 Has the proposed claimant satisfied the test for permission?
  3. 3 What are the principles governing disapplication of the limitation period under section 33 of the Limitation Act 1980?

Ratio Decidendi

Permission to bring proceedings under section 139(2) of the Mental Health Act 1983 should be granted where the claim is not frivolous, vexatious, or an abuse of process, and has a real prospect of success. The short delay in bringing the assault claim was excusable, caused by procedural errors of the claimant's legal team, and caused no prejudice to the defendant; therefore, it is equitable to disapply the limitation period under section 33 of the Limitation Act 1980.

Court Disposition

Permission granted to bring proceedings; limitation period disapplied for assault claim.

Orders

  • Permission granted under section 139(2) of the Mental Health Act 1983 to bring civil proceedings.
  • Limitation period under section 11 of the Limitation Act 1980 disapplied pursuant to section 33 for the assault claim.