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 is granted where the claim is not frivolous, vexatious, or an abuse of process and has a real prospect of success. The limitation period for the assault claim is dis-applied under section 33 of the Limitation Act 1980 due to the short delay, absence of prejudice, and the claimant's lack of fault for the delay.

Citation
[2009] EWHC 2969 (QB)
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 / Permission and Limitation Preliminary Hearing
Outcome
Permission granted to bring proceedings; limitation period dis-applied for assault claim.
Legal Topics
Assault, False Imprisonment, Limitation of Actions, Mental Health Act, Police Powers
Civil Procedure Tort Law Mental Health Law Assault False Imprisonment Limitation of Actions Mental Health Act Police Powers

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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 / Permission and Limitation Preliminary Hearing

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 for dis-applying 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 is granted where the claim is not frivolous, vexatious, or an abuse of process and has a real prospect of success. The limitation period for the assault claim is dis-applied under section 33 of the Limitation Act 1980 due to the short delay, absence of prejudice, and the claimant's lack of fault for the delay.

Court Disposition

Permission granted to bring proceedings; limitation period dis-applied 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 dis-applied for the assault claim pursuant to section 33.