- Followed — The 3Million & Anor, R (on the application of) v Secretary of State for the Home Department & Anor 2023-12-11
“…Newham LBC [2004] EWCA Civ 55; [2005] QB 37, at para 47 (Laws LJ); and the decision of the House of Lords in R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148, at para 21 (Lord Bingham of Cornhill). This led Collins J to conclude as follows, at para 33:…”
- Cited — Secretary of State for Work and Pensions v AT 2023-11-08
“…The SSWP relied generally upon Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148. The Secretary of State published a statutory Code of guidance for hospitals and medical staff on the use of seclusion for detained psychiatric patients. The T…”
- Cited — Sahra Moge v London Brough of Ealing 2023-04-27
“…7] EWHC 1205 (Admin), para 33. This is especially so where the Code is designed to protect vulnerable people: R(Munjaz) v Mersey Care NHS Trust [2005] UKHL 58, [2006] 2 AC 148. By definition, any homeless household in priority need will be vulnerable in this sense. The authority must also have a proper evidential basis for their deci…”
- Followed — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“… follow such guidance or (b) to provide “cogent reasons” for departing from it when it is decided not to follow it: see e.g. R (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148, at paragraph [21] (Lord Bingham).…”
- Cited — Butt, R (On the Application Of) v The Secretary of State for the Home Department 2019-03-08
“…[2006] 2 AC 148…”
- Cited — Syed v The Secretary of State for Justice 2019-03-07
“…ot amount to an interference with the detainee’s private life or family life (see Nowicka v Poland [2003] 1 FLR 417 at para 72 and R (Munjaz) v Mersey Care NHS [2006] 2 AC 148 at para 88 per Lord Hope) (paragraph [57]).…”
- Cited — AB, R (On the Application Of) v Secretary of State for Justice 2019-01-18
“…In Dennehy, Singh J was wrong to hold that he was bound by the decisions in R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148 or Shahid v Scottish Ministers [2015] UKSC 58; [2016] AC 429 to conclude that article 8 was engaged. In Shahid, this point was not argued but was a simple conc…”
- Cited — CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group 2018-12-20
“…d to interpreting the Act of Parliament under which it is issued. As authority for its status they relied on R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148, paras 20-21, where the House of Lords held that the code issued under section 118, although it does not have binding effect and is not instruction, contains g…”
- Cited — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…fficient legal basis capable of qualifying as “law” as that concept is used in the ECHR: see, in particular, R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148, [34] (Lord Bingham of Cornhill), [91]-[94] (Lord Hope of Craighead) and [103] (Lord Scott of Foscote). That case concerned rules for segregation of mental pat…”
- Considered — Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department 2018-10-04
“…Mr Swift invoked R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58, [2006] 2 AC 148 in support of his argument on this point. Sales LJ considers he was correct to do so. It is not obvious, however, that Munjaz assists. It certainly is not dire…”