Richards (by his Deputy and Litigation Friend Minihane) v Worcestershire County Council and another

Practice – Striking out. The Chancery Division dismissed the defendants' application to strike out the claimant's proceedings against them for restitution of sums spent on his care, based on s 117 of the Mental Health Act 1983. It was seriously arguable that, if the facts asserted by the claimant were correct, the defendants had been enriched at his expense and, although restitution could be claimed within judicial review applications, the claimant would be permitted to pursue the present proceedings, as he was asserting a private law claim, albeit concerning the defendants' public law duties.

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