| Display title | CM v Derbyshire Healthcare NHS Foundation Trust [2011] UKUT 129 (AAC) |
| Default sort key | CM v Derbyshire Healthcare NHS Foundation Trust (2011) UKUT 129 (AAC) |
| Page length (in bytes) | 2,982 |
| Page ID | 5786 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 0 |
| Counted as a content page | Yes |
| Edit | Allow only users with "editing" permission (infinite) |
| Move | Allow only users with "editing" permission (infinite) |
| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 16:59, 30 April 2011 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:54, 8 October 2021 |
| Total number of edits | 14 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) The Tribunal's decision not to discharge was made in error of law, and was set aside, (a) because there was no real evidence to support its view that non-compliance with medication and the risk of consequent relapse in the near future would probably occur, (b) because it did not establish that in these circumstances it had complied with the 'least restriction principle', (c) because of the irrationality in paragraph 21 of its decision (in that as the risk was of what might eventually happen it was hard to see how the envisaged leave regime could test that risk), and (d) because continued detention for the purposes of avoiding a chaotic lifestyle or drug taking or the absence of drug counselling is not permitted by law on the facts of this case. (2) The judgment contains a discussion of the 'nature' and 'degree' tests. |
