A, R (on the application of) v Secretary of State for the Home Department & Anor

A, R (on the application of) v Secretary of State for the Home Department & Anor

The application for a stay and permission is refused because the relevant rules permit the constitution of a new tribunal after transfer of jurisdiction and unavailability of original members, and there is no evidence of unfairness or risk of incorrect decision due to the change.

Parties
Claimant: A; First Defendant: Secretary of State for the Home Department; Second Defendant: Mental Health Review Tribunal
Jurisdiction
England and Wales
Judgment Date
10 February 2003
Procedural Posture
Judicial Review / Application for Permission and Stay
Outcome
application refused
Legal Topics
Tribunal Constitution, Conditional Discharge, Procedural Fairness, Transfer of Jurisdiction
Mental Health Law Administrative Law Human Rights Law Tribunal Constitution Conditional Discharge Procedural Fairness Transfer of Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

A

Claimant

Secretary of State for the Home Department

First Defendant

Mental Health Review Tribunal

Second Defendant

Procedural Posture

Judicial Review / Application for Permission and Stay

Legal Issues

  1. 1 Whether the claimant has a right to have her case considered by the same tribunal members as previously heard her application
  2. 2 Whether the Mental Health Review Tribunal Rules 1983 permit a new constitution of the tribunal after transfer of jurisdiction
  3. 3 Whether a stay of proceedings should be granted due to alleged unfairness

Ratio Decidendi

The application for a stay and permission is refused because the relevant rules permit the constitution of a new tribunal after transfer of jurisdiction and unavailability of original members, and there is no evidence of unfairness or risk of incorrect decision due to the change.

Court Disposition

application refused

Orders

  • stay refused
  • permission refused