Taylor, R (on the application of) v Haydyn- Smith

Taylor, R (on the application of) v Haydyn- Smith

The court granted permission for judicial review against both defendants, ordered that compulsory medication be suspended pending determination, and set directions for the substantive hearing.

Parties
Claimant: Roger Taylor; First Defendant: Dr Haydyn-Smith; Second Defendant: Dr Gallimore
Jurisdiction
England and Wales
Judgment Date
10 May 2005
Procedural Posture
Judicial Review / Preliminary Directions/order
Outcome
Permission granted for judicial review; directions issued for substantive hearing.
Legal Topics
Compulsory Medical Treatment, Psychiatric Treatment, Judicial Review Procedures
Administrative Law Medical Law Compulsory Medical Treatment Psychiatric Treatment Judicial Review Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Roger Taylor

Claimant

Dr Haydyn-Smith

First Defendant

Dr Gallimore

Second Defendant

Procedural Posture

Judicial Review / Preliminary Directions/order

Legal Issues

  1. 1 whether the claimant can be compulsorily medicated for psychiatric purposes
  2. 2 procedural fairness in judicial review applications
  3. 3 timing and conduct of substantive hearings

Ratio Decidendi

The court granted permission for judicial review against both defendants, ordered that compulsory medication be suspended pending determination, and set directions for the substantive hearing.

Court Disposition

Permission granted for judicial review; directions issued for substantive hearing.

Orders

  • Claimant has leave to amend the Claim Form; detailed grounds against Second Defendant to be filed by 13 May 2005.
  • Permission granted to apply for judicial review against First and Second Defendants.