Re J

The appellant, an involuntary patient under the Mental Health Act 2007, sought leave to appeal against the decision of the Mental Health Review Tribunal. The appellant was detained in a mental health facility and had engaged solicitors to act on his behalf. The primary issue before the court was whether the appellant had instructed his solicitors to commence proceedings, and if so, whether a tutor was required to dispense with the need for the appellant to personally commence and carry on the proceedings due to his legal incapacity.

The court examined the relevant provisions of the Mental Health Act 2007, including sections 165 and 166, which deal with the commencement and conduct of proceedings by a person under legal incapacity. The court held that, while the need for a tutor to dispense with the requirement for the appellant to personally commence and carry on proceedings was established, it was also necessary to satisfy that the appellant wished for the proceedings to be commenced on his behalf. The court noted that the appellant's solicitors had deposed that they had not been instructed to commence proceedings on his behalf. However, the court was not satisfied that the appellant wished for the proceedings to be commenced. As such, the court ordered that the appellant be brought before the Court for examination to determine whether he wished for the proceedings to be commenced on his behalf.

The court ordered that the appellant be brought before the Court for examination to determine whether he wished for the proceedings to be commenced on his behalf. The court further ordered that, if the appellant wished for the proceedings to be commenced, a tutor be appointed to dispense with the need for the appellant to personally commence and carry on the proceedings.