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Northern Irish High Court refuses leave to bring proceedings against Mental Health Review Tribunal arising from period of six weeks unlawful detention.
Mental health law - action alleging negligence and false imprisonment - application for leave to bring proceedings against tribunal - Article 133 of the Mental Health (Northern Ireland) Order 1996 - applicant suffering from severe mental impairment - finding by tribunal that conditions for detention were not established - deferral of discharge for six weeks - Article of the Mental Health (Northern Ireland) Order 1986 - six-week deferral declared unlawful in earlier proceedings - applicant seeking damages for injury and loss suffered during six-week period - criteria for granting leave - bad faith or negligence - whether misconstruction of legislation was negligent or in bad faith.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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