A patient at Broadmoor special hospital who was forcibly given medication has won permission to go to the Court of Appeal, in one of the first human rights cases to reach court on 2 October, the day the Human Rights Act came into force.

Lawyers for the patient, named only as W, had argued in the High Court that they should be allowed to cross-examine the doctor who administered the drug in a judical review application challenging the decision to force W to take it. The High Court judge refused to allow it and the Appeal Court will now decide whether clinical decisions can be challenged on the evidence in a judicial review case.

W's lawyers based their arguments on article 3 of the European convention (the ban on inhuman and degrading treatment) and article 6 (the right to a fair hearing).