K, R (on the application of) v Hughes

K, R (on the application of) v Hughes

The proceedings have become academic as there is no longer any threat of ECT administration to the claimant; the court should not determine general issues without proper evidence and notice to the Secretary of State; the claim against Dr Besson is dismissed, and proceedings against the remaining defendants are stayed with liberty to apply.

Parties
Claimant: K; Defendant: Dr P Hughes; Defendant: South West London and St George's Mental Health NHS Trust; Defendant: Dr J Besson
Jurisdiction
England and Wales
Judgment Date
18 February 2003
Procedural Posture
Judicial Review / Application to Dismiss or Stay Proceedings
Outcome
claim dismissed against Dr Besson; proceedings stayed generally against remaining defendants
Legal Topics
Electroconvulsive Therapy, Capacity and Consent, Injunctions, Interpretation of Mental Health Act, Human Rights Act Compatibility
Mental Health Law Human Rights Law Administrative Law Electroconvulsive Therapy Capacity and Consent Injunctions Interpretation of Mental Health Act Human Rights Act Compatibility

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Parties

K

Claimant

Dr P Hughes

Defendant

South West London and St George's Mental Health NHS Trust

Defendant

Dr J Besson

Defendant

Procedural Posture

Judicial Review / Application to Dismiss or Stay Proceedings

Legal Issues

  1. 1 lawfulness of administering ECT to a capacitated patient without consent
  2. 2 interpretation of sections 58 and 62 of the Mental Health Act 1983
  3. 3 validity of Regulation 16 of the Mental Health Regulations 1983

Ratio Decidendi

The proceedings have become academic as there is no longer any threat of ECT administration to the claimant; the court should not determine general issues without proper evidence and notice to the Secretary of State; the claim against Dr Besson is dismissed, and proceedings against the remaining defendants are stayed with liberty to apply.

Court Disposition

claim dismissed against Dr Besson; proceedings stayed generally against remaining defendants

Orders

  • Dr Hughes to undertake not to administer ECT without 48 hours' notice to claimant's solicitors unless immediately necessary to save life
  • Liberty to apply