Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain its publication. It was argued that such a restraint went beyond the express powers of the authority. The powers were in public law, but the court might assist. The application went beyond the hospital’s statutory duties, and should be discharged. A secure hospital’s right to prevent a package or letter being sent out by patient did not extend to allow restriction on publication or recovery of book manuscript once it had already left the hospital. There was scope to grant an injunction where it could be shown that behaviour outside the hospital would sufficiently seriously interfere with the hospital’s conduct of its statutory duties, but that did not apply in this case.
Lord Woolf stated said: ‘I would therefore summarise the position by stating that if a public body is given a statutory responsibility which it is required to perform in the public interest, then, in the absence of an implication to the contrary in the statute, it has standing to apply to the court for an injunction to prevent interference with its performance of its public responsibilities and the courts should grant such an application when it appears to the court to be just and convenient to do so.’ and
‘The statutes only rarely provide expressly that a particular public body may institute proceedings in protection of specific public interests. It is usually a matter of implication. If a public body is given responsibility for performing public functions in a particular area of activity, then usually it will be implicit that it is entitled to bring proceedings seeking the assistance of the courts in protecting its special interests in the performance of those functions.’
Judges:
Lord Woolf MR, Lord Justice Morritt And Lord Justice Waller
Citations:
Times 09-Feb-2000, Gazette 20-Jan-2000, [2000] QB 775, [2000] 2 All ER 727, [1999] EWCA Civ 3039
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Broadmoor Hospital Authority v Robinson QBD 12-Oct-1998
A secure hospital’s right to prevent a package or letter being sent out by a patient did not extend to allowing a restriction on publication or recovery of a book manuscript once it had already left the hospital. . .
Cited by:
Cited – H (A Healthcare Worker) v Associated Newspapers Limited CA 27-Feb-2002
The applicant had been a health care worker, but was no longer working. He had come to be HIV positive, and an order was sought protecting his identity from disclosure in the press. He had evidence that the NHS guidelines on notification of patients . .
Appealed to – Broadmoor Hospital Authority v Robinson QBD 12-Oct-1998
A secure hospital’s right to prevent a package or letter being sent out by a patient did not extend to allowing a restriction on publication or recovery of a book manuscript once it had already left the hospital. . .
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Cited – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
Cited – Rollins, Regina v SC 28-Jul-2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Health, Administrative
Updated: 23 May 2022; Ref: scu.135997
