The interplay between the Mental Capacity Act and the Mental Health Act often baffles me I have to say, so it is good to see a case where a judge has to grapple with exactly this issue and Mostyn J in his judgment highlights the provisions in the MHA are 'almost incomprehensible' in places!

I think this is the right result in this case - whilst the person concerned was detained under the Mental Health Act, the treatment sought by the hospital was not related to his mental health condition and therefore any restraint he would be subject to must amount to a deprivation of liberty and therefore needed to be authorised.