View source for R (Modaresi) v SSH (2011) EWCA Civ 1359

{{Case
|Date=2011/11/23
|NCN=[2011] EWCA Civ 1359
|ICLR=[2011] WLR(D) 340
|ICLR ID=2011202154
|Court=Court of Appeal (Civil Division)
|Judges=Mummery, Richards, Black
|Parties=Elham Modaresi, Secretary of State for Health
|Judicial history first case=R (Modaresi) v SSH (2011) EWHC 417 (Admin)
|Sentence=Section 2 tribunal deadline
|Summary=The claimant's [[s2]] Tribunal application was faxed to the MHA Administrator's office on New Year's Eve, within the 14-day eligibility period, but was not faxed from there to the Tribunal office until after the bank holiday weekend, by which time the 14-day period had expired; the Tribunal therefore rejected the application; the claimant was then placed under [[s3]]; the Secretary of State refused to make a [[s67]] reference. (1) Where the Tribunal office is closed on the 14th day of the eligibility period, the period is extended to include the next day that it is open (this is the case even though a fax application can be made when the office is closed). (2) Since the application '''was''' made on time, the claim against the Trust (that their inadequate system breached Article 5(4)) was academic. (3) The Secretary of State's decision was not vitiated by being based on the mistaken belief that the application was out of time (as the position was unclear then); requiring the claimant immediately to exercise her s3 right of application (rather than retaining that right until after a reference Tribunal) did not breach Article 5(4) as the Secretary of State would have to exercise his s67 discretion at a later date in accordance with public law principles.
|Detail===Other==
Hearing: 15/11/11

Judgment: 23/11/11

Before: Mummery, Richards, Black LJJ

Mr Richard Gordon QC & Mr Matthew Stoekweli (instructed by Peter Edwards Law) for the Appellant

Mr Paul Greatorex (instructed by DWP/DH Legal Services) for the 1st Respondent

Mr Owain Thomas (instructed by Capsticks Solicitors LLP) for the 3rd Respondent

==Citations==
''R (Elham Modaresi) v (1) Secretary of State for Health, (2) First-tier Tribunal (Mental Health), (3) West London Mental Health NHS Trust'' [2011] EWCA Civ 1359
|External links=* {{link
|archive=https://web.archive.org/web/20131008084405/http://www.supremecourt.gov.uk/docs/PTA-1206.pdf
|text=Supreme Court, 'Permission to Appeal results - June 2012' (4/7/12)]}}. Leave to appeal was granted on 13/6/12.
|Subject=Other Tribunal cases
|News=No
|RSS pubdate=2023/07/13 01:42:24 PM
}}