Richards v Worcestershire County Council and Another: CA 12 Dec 2017

Appeal by two public authorities against a refusal to strike out the claimant’s claim as an abuse of process. The principal point of law which arises for decision is whether (following O’Reilly v Mackman [1983] 2 AC 237) the claimant was entitled to proceed under Part 7 of the Civil Procedure Rules rather than by way of judicial review.

Judges:

Rupert Jackson, Lewison, Hamblen LJJ

Citations:

[2017] EWCA Civ 1998

Links:

Bailii

Statutes:

Mental Health Act 1983

Jurisdiction:

England and Wales

Health, Judicial Review

Updated: 02 April 2022; Ref: scu.601142