X (acting by his next friend Y) v The Mental Health Review Tribunal for NI and the Belfast Health and Social Care Trust
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 2012 |
| Neutral Citation | [2012] NIQB 1 |
| Date | 16 January 2012 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2012] NIQB 1
Ref:
STE8400
Judgment: approved by the Court for handing down
Delivered:
16-1-12
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
QUEEN’S BENCH DIVISION
_______
BETWEEN:
X (acting by his next friend Y)
Applicant/Proposed Plaintiff
-and-
THE MENTAL HEALTH REVIEW TRIBUNAL FOR NORTHERN IRELAND
and
THE BELFAST HEALTH AND SOCIAL CARE TRUST
Respondents/Proposed Defendants
_________
STEPHENS J
Introduction
[1] The applicant, X, seeks leave to bring an action alleging negligence and false
imprisonment against the Mental Health Review Tribunal for Northern Ireland (“the
Tribunal”) and the Belfast Health and Social Care Trust (“the Trust”). In so far as the
Tribunal is concerned and by virtue of Article 133(2) of the Mental Health (Northern
Ireland) Order 1996 the applicant needs leave of the High Court to bring
proceedings because the Tribunal was acting or purporting to acting in pursuance of
that Order when by its decision dated 15 April 2008, and in the event unlawfully, it
deferred the discharge of X as a detained patient for a period of six weeks. In
relation to the Trust the applicant does not need leave of the High Court to bring
proceedings for which see Article 133(4) of the Mental Health (Northern Ireland)
Order 1986. Accordingly the only part of the application which requires a decision
relates to the proposed proceedings against the Tribunal.
[2] I have anonymised this judgment. Nothing should be published which
would identify the applicant. In anonymising the judgment and restraining
publication of any information which would identify the applicant I have sought to
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2 cases
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A Police Officer’s Application (Leave Stage)
...JIH should not be observed in this jurisdiction. [11] In a recently delivered judgment in X –v- Mental Health Review Tribunal and Another [2012] NIQB 1, which concerned an application to the High Court by a patient seeking permission to bring proceedings, Stephens J granted anonymity to the......
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McKay (Michael Gerard) and Dalrymple (Gerard Joseph) v Walker (Brian) and McDonald (Joseph) practicing as Walker McDonald Solicitors
...against a Mental Health Review Tribunal, see X (Acting by his Next Friend Y) v The Mental Health Review Tribunal for Northern Ireland [2012] NIQB 1. The principles to be applied when considering an application for leave are not necessarily the same in these different areas and accordingly I......