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Information for "Mazhar v Birmingham Community Healthcare Foundation NHS Trust (2020) EWCA Civ 1377"

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Display titleMazhar v Birmingham Community Healthcare Foundation NHS Trust [2020] EWCA Civ 1377
Default sort keyMazhar v Birmingham Community Healthcare Foundation NHS Trust (2020) EWCA Civ 1377
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Page creatorJonathan (talk | contribs)
Date of page creation21:49, 29 October 2020
Latest editorJonathan (talk | contribs)
Date of latest edit11:54, 8 October 2021
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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.
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