A mental patient sought damages for assault from a nurse. The nurse replied that the proceedings were a nullity since the patient had not first obtained permission to commence proceedings.
Held: Lord Widgery CJ said: ‘Although no point was taken under this section in the course of the hearing in the court below, it is now contended on behalf of the applicant that the proceedings brought against him were criminal proceedings in respect of an act purporting to be done in pursuance of the Mental Health Act 1959. It is common ground that the consent of the High Court was not obtained to the institution of the proceedings, and it is further common ground that if such permission was necessary in the circumstances of this case the proceedings below were a nullity and the order can be quashed. The sole question therefore is whether these proceedings came within the ambit of s.141(1) so as to make the leave of the High Court necessary.’
Lord Widgery CJ
Unreported, 1975
Mental Health Act 1959
England and Wales
Cited by:
Cited – Patel and others v London Borough of Brent CA 25-May-2005
Application for return of deposit made to secure commencement of road works on development. . .
Appeal from – Pountney v Griffiths; Regina v Bracknell Justices, Ex parte Griffiths HL 1976
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
Cited – Seal v Chief Constable of South Wales Police CA 19-May-2005
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.226023
