Bostridge v Oxleas NHS Foundation Trust

Mental health – Patient. The issue on the appeal was whether the claimant, a mentally disordered patient, who had been unlawfully detained in the defendant NHS Trust's hospital for 442 days, was entitled to substantial damages instead of the nominal damages which had been awarded by the judge, in circumstances where he would anyway have been detained lawfully had the defendant been aware of the unlawfulness. The Court of Appeal, Civil Division, held that it was clear that the claimant had sustained no loss, because he would have been lawfully detained anyway whether or not the breach had occurred and the judge had been right to have decided that the claimant was only entitled to nominal damages.

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