The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question would allow a court to fix the damages payable.
Held: There was nothing either in policy or statute law to prevent such an arrangement.
Judges:
Rix, Aikens, Black LJJ
Citations:
[2013] EWCA Civ 471, [2013] PIQR P16, [2013] MHLR 194, [2013] WLR(D) 158, [2014] 1 WLR 111, [2013] 4 All ER 429, (2013) 16 CCL Rep 376
Links:
Statutes:
Mental Health Act 1983, National Health Service Act 2006
Jurisdiction:
England and Wales
Health Professions
Updated: 05 December 2022; Ref: scu.491876
