The need to free-up space in hospitals

University College London Hospitals NHS Foundation Trust v MB [2020] EWHC 882 (QB)

During the Covid-19 crisis it has been necessary to free up much-needed space in hospitals to allow seriously ill patients suffering from Covid-19 to be admitted. A claim by an NHS trust for possession of a bedroom in its hospital could not proceed under CPR Pt 55 because of the general stay on possession claims by CPR PD 51Z during the Covid-19 pandemic. However, the court was able to grant the hospital an interim injunction requiring a patient to vacate the hospital bedroom because she was no longer in need of in-patient care. The judge held that any distress suffered by the patient as a result would not breach the European Convention on Human Rights (ECHR) art 3 as it could be managed by a local authority care package. An apparent breach of art 8 was justifiable in order to protect the needs of people such as Covid-19 patients who required in-patient treatment.