The President’s judgments in Re X (Deprivation of Liberty) formed the basis for the new Re X streamlined procedure and the PD on Deprivation of Liberty.
The Court of Appeal has today dismissed appeals against the President’s judgment, concluding that it did not have jurisdiction to determine the appeals. However, the Court gave some obiter guidance on the procedural protections required by Article 5, expressing the view that the Re X streamlined procedure did not comply with Article 5 as P must be a party to deprivation of liberty proceedings.
Joanne Clement appeared for the Secretary of State for Health and the Secretary of State for Justice.
Read the judgment here.
