"B" v Haddock & Ors

"B" v Haddock & Ors

Permission to appeal was granted because there are arguably important and developing issues of law regarding the correct application of the law to forcible medical treatment of detained patients, even though the lower court's decision may not ultimately be found wrong.

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
Outcome
Permission to appeal granted
Legal Topics
Forcible Medical Treatment, Judicial Review of Medical Decisions, Human Rights in Psychiatric Detention

Case Brief

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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

  1. 1 Whether administration of anti-psychotic medication without consent breached applicant's human rights
  2. 2 Nature and scope of judicial review in cases of medical treatment for detained patients
  3. 3 Correct legal test for forcible treatment under the Mental Health Act

Ratio Decidendi

Permission to appeal was granted because there are arguably important and developing issues of law regarding the correct application of the law to forcible medical treatment of detained patients, even though the lower court's decision may not ultimately be found wrong.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Appeal to be heard before three Lords Justices