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Tom Weisselberg appeared at first instance and in the Court of Appeal on behalf of the Hospital Managers in this case turning on the proper construction of section 23(4) of the Mental Health Act 1983 (in particular whether three hospital managers were required to release a patient from detention or whether a 2:1 majority was sufficient). The Court of Appeal (Pill, Laws and Arden LJJ) dismissed the Claimant's appeal and held that section 23(4) required three hospital managers to vote positively in favour of release.
The decision promises to have significant impact on the way in which hospital managers conduct reviews of continuing detention of patients under the Mental Health Act.

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