- Guidance on interim relief in vulnerable adult cases (Mazhar v Birmingham Community Healthcare Foundation NHS Trust)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: In this case the Court of Appeal has set out extensive guidance on the process of seeking interim relief in cases concerning vulnerable adults. The appeal concerned a without notice application made to Mr Justice Mostyn as urgent applications judge for an order under the inherent jurisdiction enabling Mr Mazhar, a man who was seriously physically disabled but entirely capacitous, to be removed from his home and taken to hospital to provide urgent medical treatment. That application was granted, the order made, and Mr Mazhar removed. The key question for the Court of the Appeal was whether Mostyn J should have made such an order. The Court of Appeal overturned the judge’s order, saying it should not have been made, and was a clear breach of Mr Mazhar’s Article 6 rights (Article 6 of the European Convention on Human Rights (ECHR)) and a flagrant denial of justice. Written by Claire van Overdijk, barrister, at Outer Temple Chambers.
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