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Appeal concerning mental health of involuntary patient should have proceeded in Circuit Court
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Supreme Court dismisses appeal from the Court of Appeal, and affirms an order quashing the refusal of the Circuit Court to hear an appeal from a decision of a Mental Health Tribunal concerning the involuntary admission of the applicant: (a) on the grounds that the renewal order under which the applicant was held by the time of the Circuit Court hearing was simply an extension of the original admission order, such that the admission order was not 'spent'; but (b) the focus of the Circuit Court appeal was the present state of the applicant, not the state at the time of the admission.
Dunne J (nem diss): Judicial review - refusal of Circuit Court to hear an appeal - s. 19 of the Mental Health Act 2001 - admission order - mootness - refusal of judicial review in High Court - appeal allowed by Court of Appeal - whether 'is' should be read as 'is or was' - stare decisis - whether renewal order simply 'extended the life' of an admission order.
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