The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
| Page and summary | Date added to site | Categories |
| A v A Health Authority (2002) EWHC 18 (Fam) — The nature of the case determined the court in which a case concerning the welfare of children or incompetent adults should be litigated: the review of a decision of a public authority by way of JR in the Admin Court; best interests cases in the Family Division. In best interests proceedings the court cannot compel a public authority to exercise its public law functions in a certain way.
| 2008-12-30 | 2002 cases, Best interests, Detailed summary, No transcript |
| Re C (Mental Patient: Habeas Corpus) (2002) EWHC 243 (Admin) — The application for the issue of a writ of habeas corpus was premature and without any prospect of success; the proper course was to judicially review the Tribunal decision
| 2008-12-21 | 2002 cases, Detailed summary, Transcript, Unimportant cases |
| Edwards v UK 46477/99 (2002) ECHR 303 — Christopher Edwards was killed by a prison cellmate, Richard Linford; both suffered from schizophrenia. (1) The duty under Article 2 to protect life could extend to taking preventive operational measures to protect an individual against criminal acts of another, where the authorities knew (or ought to have known) of a real and immediate risk to the life of an identified individual. Information was available identifying Linford as posing such a risk. The failure to pass on this information, and the inadequate screening of Linford, amounted to a breach of Article 2. (2) No inquest was held, and the trial did not involve witness evidence. The private inquiry which was held (a) had no power to compel witnesses, and (b) was held in private, with the parents unable to participate to the extent necessary to safeguard their interests: Article 2 was breached in this respect. (3) There was no appropriate domestic means of determining whether the authorities failed to protect the right to ..→ | 2008-11-27 | 2002 cases, Brief summary, ECHR, Transcript |
| R (Stevens) v Plymouth City Council, re C (2002) EWCA Civ 388 — Confidentiality.
| 2008-10-15 | 2002 cases, No summary, Other NR cases, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1667 — Disclosure of documents.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1728 — Remission back to prison under s50.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| R (SSHD) v MHRT, re Grey (2002) EWCA Civ 1053 — Permission to appeal refused (unexplained delay)
| 2008-09-13 | 2002 cases, No summary, Permission hearings, Transcript |
| R (RA) v SSHD (2002) EWHC 1618 (Admin) — Power to grant/refuse permission for leave after deferred conditional discharge.
| 2008-09-12 | 2002 cases, Ministry of Justice, No summary, Transcript |
| R (S) v MHRT (2002) EWHC 2522 (Admin) — Medical member's role.
| 2008-09-12 | 2002 cases, Bias, No summary, Transcript |
| R (N) v Dr M (2002) EWCA Civ 1789 — Challenge to compulsory treatment.
| 2008-02-22 | 2002 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (SSG) v Liverpool City Council (2002) EWHC 2803 (Admin) — Gay partner can qualify as nearest relative under six-month residence provision in s26(6).
| 2007-02-18 | 2002 cases, Brief summary, Other NR cases, Transcript |
| R (IH) v SSHD (2002) EWCA Civ 646 — A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case.
| 2007-02-07 | 2002 cases, Brief summary, Deferred conditional discharge, Transcript |
| R (A) v Partnerships in Care Ltd (2002) EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted.
| 2007-02-07 | 2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript |
| R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct.
| 2007-02-07 | 2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript |
| R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 697 — Psychopathic disorder can persist for years without causing any abnormally aggressive or seriously irresponsible conduct; it is enough that the disorder of mind has done so in the past and that there is a real risk that, if treatment in hospital is discontinued, it will do so in the future.
| 2007-02-07 | 2002 cases, Brief summary, Transcript, Treatability test and psychopathic disorder |
| R (PG) v London Borough of Ealing (2002) EWHC 250 (Admin) — The Admin court, following the supercession of RSC Order 53 by CPR Part 54, still retains the power to receive oral evidence and order the cross-examination of witnesses on their witness statements and affidavits.
| 2007-02-07 | 2002 cases, Brief summary, Other NR cases, Transcript |
| HM v Switzerland 39187/98 (2002) ECHR 157 — HM had capacity to object but was undecided; the clinic were entitled to infer consent from the lack of objection. ..........
HM was admitted to a nursing home because of neglect. She argued that neglect was not a ground for deprivation of liberty, and that she did not fall into the vagrancy category under Article 5(1). The ECHR held that there had been no deprivation of liberty and so no breach of Article 5(1).
| 2007-02-07 | 2002 cases, Deprivation of liberty, ECHR, No summary, Transcript |
| R (C) v SSHD (2002) EWCA Civ 647 — HO could not exercise discretion to refer case under s71 after MHRT without good reason; evidence lacking at MHRT hearing was not good reason on the facts; following IH (CA) MHRT remains fully seised of case after a D/C/D; decision to refer quashed. (rough summary)
| 2007-02-06 | 2002 cases, Brief summary, Ministry of Justice, Transcript |
| R (Warren) v MHRT London North and East Region (2002) EWHC Admin 811 — In the circumstances, the brief reasons were sufficient, and the error of law (that the patient was under s47/49 rather than notional s37) did not affect the outcome
| 2007-02-06 | 2002 cases, Brief summary, Reasons, Transcript |
| R (Ashworth) v MHRT; R (H) v Ashworth (2002) EWCA Civ 923 — Appeal on MHRT decision dismissed; appeal on re-sectioning allowed
On appeal from: R (Ashworth) v MHRT; R (H) v Ashworth (2001) EWHC Admin 901
| 2007-02-06 | 2002 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R (T) v MHRT (2002) EWHC Admin 247 — Discretion to give MHRT decision/reasons to victim should have been considered.
| 2007-02-06 | 2002 cases, Brief summary, Publicity, Transcript |
| Benjamin and Wilson v UK 28212/95 (2002) ECHR 636 — Technical lifer status violated Article 5(4).
See "Technical lifer" page for background.
| 2006-08-15 | 2002 cases, Brief summary, ECHR, Ministry of Justice, Transcript |
| R (B) v MHRT (2002) EWHC 1553 (Admin) — Lack of speedy Tribunal hearing breached Article 5(4).
| 2006-04-16 | 2002 cases, No summary, Transcript, Tribunal delay |
| R (KB) v MHRT (2002) EWHC Admin 639 — Lack of speedy Tribunal hearings breached Article 5(4).
| 2006-04-16 | 2002 cases, No summary, Transcript, Tribunal delay |
| R (Wooder) v Dr Feggetter (2002) EWCA Civ 554 — SOAD should give reasons.
| 2006-04-16 | 2002 cases, Challenges to compulsory treatment, No summary, Transcript |