Djaba v West London Mental Health NHS Trust [2018] MHLO 76 (SC)

ECHR and tribunal criteria On 15/3/18 the Supreme Court (Lady Hale, Lord Hodge, Lord Lloyd-Jones) refused Jasmin Djaba permission to appeal, giving brief reasons.

Thanks

Court order provided by Djaba's solicitor, Kate Luscombe of Abbotstone Law.

MHLR

The summary below has been supplied by Kris Gledhill, Editor of the Mental Health Law Reports. The full report can be purchased from Southside Online Publishing (if there is a "file not found" error, it means this particular report is not yet available online). More similar case summaries from the year 2018 are available here: MHLR 2018.

Jasmin Djaba and (1) West London Mental Health Trust (2) Secretary of State for Justice - Supreme Court, – [2018] MHLR 104

Point: Whilst permission to appeal was not granted on the question of whether the Tribunal hearing the case of a restricted patient should consider proportionality arguments resting on arts 5 and 8 ECHR or simply apply the statutory criteria in ss72/73 Mental Health Act 1983, it was noted that stringent conditions of detention might be raised under Arts 3 and 8 ECHR.

CASES DATABASE

Full judgment: No Bailii link (neutral citation is unknown or not applicable)
Download here

Subject(s):

• Powers🔍
• Upper Tribunal decisions🔍

Date: 15/3/18🔍

Court: Supreme Court🔍

Judicial history:

• Djaba v West London Mental Health NHS Trust [2018] MHLO 76 (SC) - permission refused
• Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436
• JD v West London Mental Health NHS Trust [2016] UKUT 496 (AAC)

Judge(s):

• Hale🔍
• Hodge🔍
• Lloyd-Jones🔍

Parties:

• Jasmin Djaba🔍
• West London Mental Health NHS Trust🔍
• Secretary of State for Justice🔍

Citation number(s):

• [2018] MHLR 104

What links here:

• JD v West London Mental Health NHS Trust [2016] UKUT 496 (AAC)
• Djaba v West London Mental Health NHS Trust [2017] EWCA Civ 436
• MHLR 2018

Published: 15/5/19 13:10

Cached: 2024-11-21 17:31:59