S v Elysium Healthcare & Secretary of State for Justice

JurisdictionUK Non-devolved
JudgeJudge Mitchell
Neutral Citation[2021] UKUT 186 (AAC),[2021] UKUT 186 (AAC)
Subject MatterMitchell,E
CourtUpper Tribunal (Administrative Appeals Chamber)
Published date23 August 2021
S v Elysium Healthcare & Secretary of State for Justice [2021] UKUT 186 (AAC)
HMW/916/2020
1
IN THE UPPER TRIBUNAL Upper Tribunal case No. HMW/916/2020
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the Mental Health Review Tribunal for Wales
Rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that
the names of any persons concerned in this case must not be made public,
unless the Upper Tribunal directs otherwise.
THE UPPER TRIBUNAL DIRECTS that: (a) the cover sheet, which identifies the
patient by name and which is not part of the decision, must not be made
public; and (b) the decision itself, which does not contain the patient’s name,
may be made public.
Before: Mr E Mitchell, Judge of the Upper Tribunal
Between:
CS
Appellant
- v -
Elysium Healthcare
1st Respondent
&
Secretary of State for Justice
2nd Respondent
Before: Upper Tribunal Judge Mitchell
Decided on consideration of the papers
Representation:
For the Appellant, Mr Simblett QC and Mr Pezzani of counsel, instructed by Duncan
Lewis Solicitors.
For the 2nd Respondent, Ms F Patersson of counsel, instructed by the Government
Legal Department.
The 1st Respondent took no part in the proceedings.

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2 cases
  • CS v Elysium Healthcare & Secretary of State for Justice
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • 29 Junio 2021
    ...and Elysium Healthcare & Secretary of State for Justice Neutral Citation: [2021] UKUT 186 (AAC) Judge: UTJ Mitchell HMW/916/2020 Court and Reference: Upper Tribunal (AAC), Facts: A person convicted by a court may be sentenced to detention in a psychiatric hospital under s37 Mental Health Ac......
  • DD v Sussex Partnership NHS Foundation Trust and Secretary of State for Justice, MIND intervening
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • Invalid date
    ...under sections 47/49 changed to restrictions under sections 37/41: CS v Elysium Healthcare and the Secretary of State for Justice [2021] UKUT 186 (AAC). 21. This outcome is not, though, inevitable. It will not apply if it is inconsistent with the structure of the Mental Health Act. That is ......

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