R (N) v Dr M & Ors

[2003] Lloyd's Rep Med 81

COURT OF APPEAL

Lord PHILLIPS of Worth Matravers, Lord Justice RIX, and LordJustice DYSON

Judicial review — Mental Health Act 1983 — Section 58 — Section 63 — Treatment without consent — Second opinion appointed doctor's opinion — Standard of proof — Relevance of best interests — Satisfying the Bolam test is not sufficient — Relevance of medical necessity — Whether proposed treatment has been “convincingly shown” to be medically necessary.