S, In re (hospital patient: court’s jurisdiction): FD 1995

Hale J said: ‘ . . what is sought in this case is the preservation of the status quo while proper inquiries are made. The appropriate way to achieve this is obviously by way of an interlocutory injunction … if the position is not yet known, then as long as there is a serious question to be tried (in accordance with the principles laid down in American Cyanamid Co v Ethicon Ltd [1975] AC 396), it may well be just and convenient to preserve the status quo while it is determined.’
Hale J
[1995] Fam 26, [1995] 1 All ER 449, [1995] 2 WLR 38
England and Wales
Cited by:
CitedN v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .

Lists of cited by and citing cases may be incomplete.
Updated: 05 September 2021; Ref: scu.667578