The hospital authorities applied ex parte and were granted a declaration which dispensed with the applicant’s consent to medical treatment.
Held: Her appeal was allowed. A declaration (especially one affecting an individual’s personal autonomy) ought not to be made on an ex parte basis, not least because it would be ineffective to achieve its purpose of protecting the doctor or doctors who administered the treatment from claims. This was an order which the applicant ‘is entitled to have set aside ex debito justitiae. That may involve some unfairness to the doctors and nurses at St George’s . . But the unfairness (indeed injustice) to MS would be much greater if the order were not set aside.’
Citations:
[1997] EWCA Civ 2019
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte S Admn 18-Feb-1997
An application was to be made to challenge a decision to sterilise a young woman in the care of the health authority.
Held: The application was in the nature of a request for judicial review. As such a judge in the administrative division was . .
Cited – Isaacs v Robertson PC 13-Jun-1984
(St Vincent and The Grenadines) Where the point at issue before the Board was as to a point of procedure with no direct comparable provision in UK law, the Board of the Privy Council should be reluctant to depart from the interpretation set down by . .
See Also – Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’ Admn 17-Mar-1997
The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. . .
Cited by:
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9) CA 17-Dec-2008
The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the . .
Lists of cited by and citing cases may be incomplete.
Health, Litigation Practice
Updated: 24 April 2022; Ref: scu.142416
