Johnston v Chief Constable of Merseyside Police: QBD 20 Nov 2009

The proposed claimant sought leave under the 1983 Act to bring an action for assault and false imprisonment, and further a disapplication of the limitation period to allow a claim out of time. The defendant said that the proposed claimant had been found in a public place and had been to appear to be suffering a mental disorder.


Coulson J


[2009] EWHC 2969 (QB)




Mental Health Act 1983 136 139


CitedWinch v Jones CA 1986
The court asked as to the criteria which should be applied when considering an application by a mental patient for leave to bring proceedings under section 139: ‘section 139 protects the defendant unless and until the applicant obtains leave. This . .
Lists of cited by and citing cases may be incomplete.

Health, Police, Limitation

Updated: 05 August 2022; Ref: scu.380361