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John McKendrick QC acts in complex Mental Health case

John McKendrick QC is appearing in the Supreme Court on 26 April 2016, on behalf of Mr Lee Hirons, the appellant.

The issue in the case is whether the recall of the appellant to hospital under s.42(3) Mental Health Act 1983 was unlawful and should entitle him to relief, because he was not given adequate reasons at the time the recall warrant was executed, nor within 72 hours in breach of the applicable policy of the Secretary of State.

Mr Lee Hirons was made the subject of a restricted order under the Mental Health Act 1983. A few weeks after his conditional discharge from hospital a warrant was executed for his recall. He was told at the time that it was because his mental health had deteriorated. Two weeks later he was given written and detailed reasons for his recall. He issued proceedings arguing that the failure to give him written or adequate reasons at the time of his recall rendered his detention unlawful.

News 26 Apr, 2016

Authors

John McKendrick QC

Call: 1999 Silk: 2016

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