In the matter of an application by the Applicant X for Judicial Review

JurisdictionNorthern Ireland
JudgeGillen J
Judgment Date2008
Neutral Citation[2008] NIQB 22
Year2008
CourtQueen's Bench Division (Northern Ireland)
Date20 February 2008
1
Neutral Citation no. [2008] NIQB 22 Ref:
GIL7075
Judgment: approved by the Court for handing down Delivered:
20/02/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
______
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY THE APPLICANT
X FOR JUDICIAL REVIEW
_______
GILLEN J
Introduction
[1] The applicant has been detained since May 2002 under the Mental
Health (Northern Ireland) Order 1986 as amended (hereinafter called “the
Order”). The application challenges the decision of the Mental Health Review
Tribunal for Northern Ireland (“the Tribunal” or “the Respondent “) of 21
August 2007 refusing the applicant’s application for discharge pursuant to
Article 77(1) of the Order.
[2] The grounds upon which leave have been granted are in essence that
the Tribunal failed to apply the correct legislative tests pursuant to Article 77
of the Order, that there was insufficient evidence to enable the Tribunal
lawfully to determine that the detention satisfied the legal criteria in Article
77 of the Order and that the Tribunal was wrongly influenced by the
unavailability of community resources to facilitate the applicant’s discharge.
In addition the applicant submits that the Tribunal failed to meet the
requirements of Regulation 23(2) of the Mental Health Review Tribunal
Regulations (Northern Ireland) 1986 (“the Regulations”) in that it failed to
adequately explain its findings or set out its reasons pursuant to the criteria in
Article 77 of the 1986 Order.
Statutory framework
[3] Where relevant, Article 77(1) of the Order as amended by the Mental
Health (Amendment) (Northern Ireland) Order 2004 reads as follows:
“(1) Where application is made to the Review
Tribunal by or in respect of a patient who is liable to
be detained under this Order, the Tribunal may in

To continue reading

Request your trial
3 cases
  • A.X. v Mental Health Tribunal and Another
    • Ireland
    • High Court
    • 19 December 2014
    ...HEALTH REVIEW TRIBUNAL FOR WEST MIDLANDS & NORTHWEST REGION 2002 MHLR 13 2001 AER (D) 135 (NOV) 2001 EWHC ADMIN 901 X, IN RE 2008 MHLR 97 2008 NIQB 22 MENTAL HEALTH (NORTHERN IRELAND CONSEQUENTIAL AMENDMENTS) ORDER 1986 SI 596/1986 Q (W) v MENTAL HEALTH CMSN & ORS 2007 3 IR 755 2007/52/111......
  • In the matter of an application by the Applicant X for Judicial Review and in the matter of a decision in the Rosemary Nelson Inquiry
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 13 June 2008
    ...Citation no. [2008] NIQB 22 Ref: GIL7075 Judgment: approved by the Court for handing down Delivered: 20/02/08 (subject to editorial corrections)* IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND ______ QUEEN’S BENCH DIVISION (JUDICIAL REVIEW) ________ IN THE MATTER OF AN APPLICATION BY THE ......
  • MH and The Mental Health Review Tribunal for Northern Ireland
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 24 April 2014
    ... ... IRELAND ________ QUEEN’S BENCH DIVISION ________ Between MH Applicant and THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND Respondent ... [3] The court granted leave for the judicial review application so that the merits of the 2 issues raised by the ... 17 [39] The other relief claimed was to have this matter referred to a differently constituted Tribunal. But there is no point in ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT