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R (Munjaz) v Mersey Care NHS Trust; R (S) v Airedale NHS Trust |
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| Issue: |
Whether a hospital policy on seclusion that departed from the Code of Practice to the Mental Health Act 1983 was lawful; whether the decision to seclude a detained patient was lawful; the status of the Code of Practice; whether issue estoppel applied in judicial review proceedings; whether the tort of false imprisonment was available where there had been unlawful seclusion of a detained patient. |
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| Court: |
Court of Appeal |
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| Reference: |
C3/2002/1661 & C3/2002/1882 |
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| Neutral Citation: |
[2003] EWCA Civ 1036 |
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| Judge(s): |
Lord Phillips MR, Hale & Latham LJJ |
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| Date: |
15 July 2003 |