High Court makes order for habeas corpus in psychiatric detention case

Tuesday 1 July 2008

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G.D. v BARNET, ENFIELD & HARINGEY MENTAL HEALTH TRUST AND LONDON BOROUGH OF BARNET (CO/ 5133/ 2008)

Burnett J issued a writ of habeas corpus in respect of a patient detained in psychiatric hospital. The claimant's claims that a social worker from the London Borough of Barnet had not carried out the necessary consultation with the claimant's nearest relative prior to theadmission was upheld. The High Court heard oral evidence from the social worker and the relative involved, who were cross-examined by Stephen Simblet from Garden Court. The judge and concluded that the social worker had sought to consult at the last possible moment which meant that the nearest relative had been inhibited from playing any useful part in the process.

The consequences of this judgment in relation to damages for false imprisonment are now being considered.

This is the second such successful habeas corpus that Stephen Simblet has obtained this year.

Instructing solicitors: Rheian Davies, Campbell-Taylor Solicitors

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