Our team at @irwinmitchell acted for Aamir Mazhar, who was forcibly removed from his home in April 2016 following an emergency application by an NHS Trust.

Mr Justice Mostyn made the order authorising Aamir’s removal under the inherent jurisdiction of the High Court.

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The order was made despite the Trust having provided no evidence that Aamir was “of unsound mind” or suffering from any mental disorder.

After his claim against the NHS Trust settled, Aamir sought a ruling that the court order authorising his removal from home was unlawful.

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The Court of Appeal has ruled:

“the Trust's application for, and the granting of, the order for which there was no proper evidence and without giving Mr Mazhar the opportunity to be heard amounts to a clear breach of his article 6 rights and was a flagrant denial of justice”

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Aamir was keen to ensure this does not happen again, to him or to anyone else.

The Court of Appeal has identified a number of lessons to be learnt, and asked that its judgment be drawn to the attention of the President of the Family Division.

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We hope this guidance will help judges considering out of hours applications, and lawyers making such applications.

The full judgment is here: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1377.html

Thanks to Hugh Tomlinson QC and @njbarmstrong of @matrixchambers for representing Aamir.

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The judgment has now been reported by the BBC here: https://www.bbc.co.uk/news/uk-england-birmingham-54717897

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