A.B. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND & MS MARGARET COOPER & DR SALLY WINNING [2011] ScotSC 179 (17 November 2011)

A.B. v. MENTAL HEALTH TRIBUNAL FOR SCOTLAND & MS MARGARET COOPER & DR SALLY WINNING [2011] ScotSC 179 (17 November 2011)

The Tribunal did not err in law in granting the compulsory treatment order; sufficient evidence supported the necessity of the order, and the procedure adopted by the Sheriff Principal did not compromise justice or the integrity of the Tribunal's decision-making.

Citation
[2011] ScotSC 179
Parties
Appellant: AB; First Respondent: Mental Health Tribunal for Scotland; Second Respondent: Ms Margaret Cooper; Third Respondent: Dr Sally Winning
Jurisdiction
Scotland
Judgment Date
17 November 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal refused
Legal Topics
Compulsory Treatment Order, Appeal Procedure, Judicial Ethics
Mental Health Law Administrative Law Compulsory Treatment Order Appeal Procedure Judicial Ethics

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 4 Party arguments 2
Sign in to unlock

Parties

AB

Appellant

Mental Health Tribunal for Scotland

First Respondent

Ms Margaret Cooper

Second Respondent

Dr Sally Winning

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law in granting a compulsory treatment order
  2. 2 Whether the procedure adopted by the Sheriff Principal was appropriate
  3. 3 Whether the Tribunal's members were influenced by additional materials

Ratio Decidendi

The Tribunal did not err in law in granting the compulsory treatment order; sufficient evidence supported the necessity of the order, and the procedure adopted by the Sheriff Principal did not compromise justice or the integrity of the Tribunal's decision-making.

Court Disposition

appeal refused

Orders

  • Appellant liable to first and third respondents in expenses, liability modified to nil
  • Appeal certified as suitable for junior counsel