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Court of Appeal issues important guidance, and criticism, on interim relief in vulnerable adult cases

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377

Related Member(s):
Nick Armstrong, Hugh Tomlinson QC
Related Practice Area(s):
Healthcare, Mental Health and Mental Capacity, Human Rights
Court:

The Court of Appeal has given extensive guidance on the process whereby interim relief is sought and obtained in cases concerning vulnerable adults.

This particular case arose because a Trust detained, and removed from his home at 3 am, a man who was seriously physically disabled but entirely capacitous. Neither the Trust, nor the judge, properly probed whether the evidence existed for that exceptional use of the court’s inherent jurisdiction.

The Court of Appeal has now overturned the judge’s order, saying it should not have been made, and was a “clear breach of his Article 6 rights and was a flagrant denial of justice”.

Nick Armstrong and Hugh Tomlinson QC were involved in this case.