"B" v Haddock & Ors [2005] EWCA Civ 1726 (10 November 2005)

"B" v Haddock & Ors [2005] EWCA Civ 1726 (10 November 2005)

Permission to appeal is granted because the case raises important and arguably unresolved issues regarding the correct legal test for forcible medical treatment and the scope of judicial review in such cases, despite doubts about the likelihood of success on appeal.

Source-derived case information.

Citation
[2005] EWCA Civ 1726
Parties
Applicant/claimant: B; Respondent/defendant: Dr A Haddock; 2nd Respondent/defendant: Dr John Rigby; 3rd Respondent/defendant: Dr Wood
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Decision
Outcome
Permission to appeal granted
Legal Topics
Forcible Medical Treatment, Consent to Treatment, Judicial Review of Medical Decisions, Human Rights Act 1998, Mental Health Act 1983
Mental Health Law Human Rights Law Administrative Law Forcible Medical Treatment Consent to Treatment Judicial Review of Medical Decisions Human Rights Act 1998 Mental Health Act 1983

Source-derived case record

Summary, issues, holding and outcome

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Parties

B

Applicant/claimant

Dr A Haddock

Respondent/defendant

Dr John Rigby

2nd Respondent/defendant

Dr Wood

3rd Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Decision

Legal Issues

  1. 1 Whether administration of anti-psychotic medication without consent breaches human rights
  2. 2 Nature and scope of judicial review in medical treatment cases under the Mental Health Act
  3. 3 Correct legal test for forcible treatment under domestic and European law

Ratio Decidendi

Permission to appeal is granted because the case raises important and arguably unresolved issues regarding the correct legal test for forcible medical treatment and the scope of judicial review in such cases, despite doubts about the likelihood of success on appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted to be heard before three Lords Justices
  • Time estimate for appeal hearing set at one to one-and-a-half days