R (MH) v Secretary of State for Health

Author / Contributor: Kris Gledhill
R (MH) v Secretary of State for Health
Issue: The requirements of Art 5 European Convention in relation to patients without capacity detained under s2 Mental Health Act 1983 and patients detained under s2 pending an application to displace their nearest relative in the county court.
Court: Court of Appeal
Reference:   C3/2004/0373
Neutral Citation:   [2004] EWCA Civ 1609
Judge(s): Buxton and Wall LJJ, Lindsay J
Date: 3 December 2004