MB (a patient), Re

MB (a patient), Re

Permission to appeal is not required for appeals from a nominated judge under Part VII of the Mental Health Act 1983 to the Court of Appeal, as such a judge is not sitting as a judge of the High Court for the purposes of CPR 52.3.

Parties
Applicant: GH; Patient: M.B.
Jurisdiction
England and Wales
Judgment Date
01 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Chancery Division to Court of Appeal
Outcome
No order made on the application for permission to appeal; applicant may proceed with appeal without permission, but hearing is postponed until after the review of the interim receivership.
Legal Topics
Statutory Wills, Court of Protection, Appeals Process, Jurisdiction
Mental Health Law Civil Procedure Statutory Wills Court of Protection Appeals Process Jurisdiction

Case Brief

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Parties

GH

Applicant

M.B.

Patient

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether permission to appeal is required from a nominated judge under Part VII of the Mental Health Act 1983 to the Court of Appeal
  2. 2 Whether a nominated judge is sitting as a judge of the High Court for the purposes of CPR 52.3

Ratio Decidendi

Permission to appeal is not required for appeals from a nominated judge under Part VII of the Mental Health Act 1983 to the Court of Appeal, as such a judge is not sitting as a judge of the High Court for the purposes of CPR 52.3.

Court Disposition

No order made on the application for permission to appeal; applicant may proceed with appeal without permission, but hearing is postponed until after the review of the interim receivership.

Orders

  • If the applicant proceeds with his appeal, it should not be listed for hearing before the outcome of the review by Assistant Master Prime is known.