R (Davison) v SSJ (2010) All ER (D) 258 (Jul)

The first order was a s37/41 restricted hospital order. The second order was an unrestricted s37 hospital order, but an administrative error by the court clerk led to the belief that it was also a s37/41 order. The Tribunal conditionally discharged the patient; the SSJ absolutely discharged the first order as being unnecessary, but subsequently discovered the administrative error. The SSJ judicially reviewed himself. The administrative error constituted a mistake of fact that amounted to an error of law: the absolute discharge decision was unlawful and was quashed, making the patient again subject to the conditional discharge regime.

Other

Before: Hickinbottom J

Hearing: 23/7/10

Martin Chamberlain (instructed by the Treasury Solicitor) for the claimant (the head of the PPMHG)

The Secretary of State did not appear and was not represented

The interested party (H, the patient) appeared in person

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Summary of extempore judgment available on LexisLibrary