R (SP) v SSJ [2010] EWCA Civ 1590

The Secretary of State for Justice was entitled to rely on a medical recommendation under s47 which did not explicitly address the new 'appropriate treatment' test: (1) his case workers are not concerned to pursue medical reasoning, but only to see whether the expert had given some reasons which they considered adequate and did not conflict with the facts known or the statutory requirements; (2) he was entitled to give the reports a sensible meaning, and to satisfy himself that the 'appropriate treatment' test was met by reference to matters which had been in the report by necessary implication. [Summary based on All ER (D) report of ex tempore judgment]

Related cases

R (SP) v SSJ (2010) All ER (D) 308 (Nov)

Other

Before: Arden, Sullivan and Tomlinson LJJ

Date: 23/11/10 (judgment given ex tempore)

Hugh Southey QC (instructed by RMNJ Solicitors) for the claimant

Gemma White (instructed by Treasury Solicitors) for the Secretary of State

Citations

[2010] All ER (D) 308 (Nov)

External link

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