Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017)

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017)

The claim is a private law claim for recovery of monies paid for after-care services under section 117 of the Mental Health Act 1983 and does not contravene the exclusivity principle; the issues raised are not suitable for summary determination and must be resolved at trial after evidence is heard.

Citation
[2017] EWCA Civ 1998
Parties
Claimant/respondent: Kenneth John Richards (by his deputy & litigation friend, Anne Minihane); Defendant/appellant: Worcestershire County Council; Defendant/appellant: South Worcestershire Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Appeal (civil) / Appeal Against Refusal to Strike Out Claim as Abuse of Process
Outcome
Appeal dismissed
Legal Topics
Exclusivity Principle (o'reilly V Mackman), Section 117 Mental Health Act 1983 After Care Duties, Restitution and Unjust Enrichment, Judicial Review Vs Private Law Claims
Public Law Mental Health Law Restitution/unjust Enrichment Exclusivity Principle (o'reilly V Mackman) Section 117 Mental Health Act 1983 After Care Duties Restitution and Unjust Enrichment Judicial Review Vs Private Law Claims

Case Brief

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Parties

Kenneth John Richards (by his deputy & litigation friend, Anne Minihane)

Claimant/respondent

Worcestershire County Council

Defendant/appellant

South Worcestershire Clinical Commissioning Group

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal Against Refusal to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process for not being brought by judicial review (exclusivity principle)
  2. 2 Whether non-compliance with section 117 of the Mental Health Act 1983 gives rise to a private law claim for restitution or unjust enrichment

Ratio Decidendi

The claim is a private law claim for recovery of monies paid for after-care services under section 117 of the Mental Health Act 1983 and does not contravene the exclusivity principle; the issues raised are not suitable for summary determination and must be resolved at trial after evidence is heard.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claim is not struck out and may proceed to trial.