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R (Daniel Rayner) v SSHD and others

DATE: 23 Apr 2007

In R (Daniel Rayner) v (1) Secretary of State for the Home Department (2) Mental Health Review Tribunal (3) West Kent NHS and Social Care Trust (4) The Secretary of State for Health (5) Her Majesty's Attorney General [2007] EWHC 1028 (Admin) the Claimant sought Human Rights Act damages in respect of the delay in the hearing of his case before the Mental Health Review Tribunal.

 

Holman J rejected the challenge to the compatibility of section 75(1) of the Mental Health Act 1983 and Rule 29(cc) of the Mental Health Review Tribunal Rules 1983 with Article 5(4) ECHR. However the court found on the facts a violation by the Secretary of State for the Home Department of the Claimant's Article 5(4) right to a speedy hearing.

Katherine Olley successfully defended the Mental Health Review Tribunal.