Display title | Mazhar v Birmingham Community Healthcare Foundation NHS Trust [2020] EWCA Civ 1377 |
Default sort key | Mazhar v Birmingham Community Healthcare Foundation NHS Trust (2020) EWCA Civ 1377 |
Page length (in bytes) | 3,722 |
Page ID | 11137 |
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 |
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Page creator | Jonathan (talk | contribs) |
Date of page creation | 21:49, 29 October 2020 |
Latest editor | Jonathan (talk | contribs) |
Date of latest edit | 11:54, 8 October 2021 |
Total number of edits | 5 |
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. | Mr Mazhar was removed from his home to hospital without warning by police and paramedics in the middle of the night under the High Court's inherent jurisdiction on the basis of an out-of-hours application. (1) The Trust's application for, and the granting of, the order for which there was no proper evidence and without giving Mr Mazhar the opportunity to be heard amounted to a clear breach of his Article 6 rights and was a flagrant denial of justice. (2) It was unnecessary to decide whether the inherent jurisdiction extends to the making of an order that has the effect of depriving a vulnerable adult of liberty provided the provisions of Article 5 are met. (3) The President of Family Division was invited to consider whether fresh guidance should be given to practitioners and judges about applications of this sort, and the court set out a list of seven clear lessons to be learnt. |