An application to the court to exclude a person as a patient’s relative under the Act, could be made ex parte in appropriate situations, though it was preferable to take that application to an inter partes determination before other procedures initiated. County courts have a general power under section 38 of the 1984 Act to make interim orders and the hospital managers or local social services authority may rely upon an interim order appointing an acting nearest relative in order to admit or receive the patient.
Times 23-Mar-1999, Gazette 14-Apr-1999,  QB 1260,  EWCA Civ 988
Mental Health Act 1983 3 29, County Courts Act 1984 34
England and Wales
Appeal from – Regina v Central London County Court and Managers of Gordon Hospital ex parte Ax London Admn 12-Mar-1997
Cited – MH v Secretary of State for the Department of Health and others HL 20-Oct-2005
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.145903