The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the law was required, in particular as to whether the court’s jurisdiction was limited to cover only those without mental capacity.
Held:
Judges:
Sir Ernest Ryder, Senior President
Citations:
[2017] EWHC 2536 (Fam), [2017] WLR(D) 680
Links:
Statutes:
European Convention on Human Rights 5 6 8, Mental Capacity Act 2005
Jurisdiction:
England and Wales
Family, Human Rights
Updated: 01 April 2022; Ref: scu.598965
