Graham v East London and City Mental Health NHS Trust [2004] EWCA Civ 690 (26 May 2004)

Graham v East London and City Mental Health NHS Trust [2004] EWCA Civ 690 (26 May 2004)

There was no cogent evidence before the court of any unlawful intent by the public authority to deprive Miss Graham of her liberty, and the court cannot act on speculation. Remedies under the Mental Health Act and Habeas Corpus are available, and the refusal to provide files does not advance the application without evidence.

Citation
[2004] EWCA Civ 690
Parties
Claimant/applicant: Miss Mary Graham; Defendant/respondent: East London and City Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
26 May 2004
Procedural Posture
Judicial Review / Application for Permission to Appeal (out of Time) From Refusal of Permission to Apply for Judicial Review and Interim Relief
Outcome
Permission to appeal refused
Legal Topics
Judicial Review, Detention Under Mental Health Act, Interim Relief, Habeas Corpus, Data Protection
Administrative Law Mental Health Law Human Rights Judicial Review Detention Under Mental Health Act Interim Relief Habeas Corpus Data Protection

Case Brief

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Parties

Miss Mary Graham

Claimant/applicant

East London and City Mental Health NHS Trust

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal (out of Time) From Refusal of Permission to Apply for Judicial Review and Interim Relief

Legal Issues

  1. 1 Whether there was sufficient evidence of unlawful intent by public authority to justify intervention by the court
  2. 2 Whether refusal to provide access to personal files under data protection law advanced the application
  3. 3 Whether the remedies under the Mental Health Act and Habeas Corpus were adequate

Ratio Decidendi

There was no cogent evidence before the court of any unlawful intent by the public authority to deprive Miss Graham of her liberty, and the court cannot act on speculation. Remedies under the Mental Health Act and Habeas Corpus are available, and the refusal to provide files does not advance the application without evidence.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused