Information for "R (Modaresi) v SSH (2011) EWCA Civ 1359"
Basic information
| Display title | R (Modaresi) v SSH [2011] EWCA Civ 1359 |
| Default sort key | R (Modaresi) v SSH (2011) EWCA Civ 1359 |
| Page length (in bytes) | 2,463 |
| Page ID | 6522 |
| 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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| Edit | Allow only users with "editing" permission (infinite) |
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Edit history
| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 13:34, 25 November 2011 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 13:43, 13 July 2023 |
| Total number of edits | 12 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Page properties
SEO properties
Description | Content |
Article description: (description)This attribute controls the content of the description and og:description elements. | The claimant's s2 Tribunal application was faxed to the MHA Administrator's office on New Year's Eve, within the 14-day eligibility period, but was not faxed from there to the Tribunal office until after the bank holiday weekend, by which time the 14-day period had expired; the Tribunal therefore rejected the application; the claimant was then placed under s3; the Secretary of State refused to make a s67 reference. (1) Where the Tribunal office is closed on the 14th day of the eligibility period, the period is extended to include the next day that it is open (this is the case even though a fax application can be made when the office is closed). (2) Since the application was made on time, the claim against the Trust (that their inadequate system breached Article 5(4)) was academic. (3) The Secretary of State's decision was not vitiated by being based on the mistaken belief that the application was out of time (as the position was unclear then); requiring the claimant immediately to exercise her s3 right of application (rather than retaining that right until after a reference Tribunal) did not breach Article 5(4) as the Secretary of State would have to exercise his s67 discretion at a later date in accordance with public law principles. |