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 |
| McGrady, Re Application for Judicial Review (2003) NIQB 15 — (1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of Article 5(4), DN v Switzerland 27154/95 (2001) ECHR 235 distinguished.
| 2008-11-27 | 2003 cases, Bias, Brief summary, Miscellaneous, Transcript |
| London Borough of Newham v BS (2003) EWHC 1909 (Fam) — High Court exercising inherent jurisdiction to determine the best interests of mentally impaired adult.
| 2008-10-15 | 2003 cases, Capacity, No summary, Transcript |
| R (A) v Harrow Crown Court (2003) EWHC 2020 (Admin) — The court order detaining the claimant under s37/41 MHA 1983 following a finding of unfitness to plead was irregular (as ultra vires s5 CPIA 1964 as then enacted) and was quashed; however, the detention was in accordance with a procedure prescribed by law and was not arbitrary, so there was no breach of Article 5.
| 2008-09-22 | 2003 cases, Criminal law, Detailed summary, Transcript |
| R (Thompson) v SSHD (2003) EWHC 538 (Admin) — Home Office policy of always making restriction direction except in specified circumstances was lawful and applied lawfully in the claimant's case; no legitimate expectation arose from a civil servant's erroneous statement of the law.
| 2008-09-12 | 2003 cases, Criminal law, Detailed summary, Transcript |
| R (IR) v Dr Shetty (2003) EWHC 3152 (Admin) — Technical lifer status.
| 2008-09-12 | 2003 cases, Ministry of Justice, No summary, Transcript |
| R (X) v MHRT (2003) EWHC 1272 (Admin) — Adjournment.
| 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (MP) v Nottingham Healthcare NHS Trust (2003) EWHC 1782 (Admin) — Tribunal powers with respect to restricted patients.
| 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (B) v MHRT (2003) EWHC 815 (Admin) — It is lawful to defer discharge in dangerous criterion cases where the deferral is relevant to considerations of dangerousness
| 2007-09-16 | 2003 cases, Detailed summary, Powers, Transcript |
| Ward v Commissioner of Police for the Metropolis (2003) EWCA Civ 1152 — Implied power for magistrate to impose 'any condition which can sensibly relate to the execution of a warrant in a way which protects the interests of the person liable to be removed whilst furthering the object of the grant of the warrant'. The conditions were not followed so the removal and detention was unlawful.
Overturned by House of Lords: Ward v Commissioner of Police for the Metropolis (2005) UKHL 32
| 2007-02-07 | 2003 cases, Brief summary, Miscellaneous, Transcript |
| R (IH) v SSHD (2003) UKHL 59 — A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case.
| 2007-02-07 | 2003 cases, Brief summary, Deferred conditional discharge, Transcript |
| Rakevich v Russia 58973/00 (2003) ECHR 558 — Detention and Article 5.
| 2007-02-07 | 2003 cases, Deprivation of liberty, ECHR, No summary, Transcript |
| R (B) v Ashworth Hospital Authority (2003) EWCA Civ 547 — Cannot treat for non-classified disorders
Successfully appealed to House of Lords: R (B) v Ashworth Hospital Authority (2005) UKHL 20
| 2007-02-06 | 2003 cases, No summary, Other classification cases, Transcript |
| R (Mersey Care NHS Trust) v MHRT, re D (2003) EWHC 1182 (Admin) — Unsuccessful reasons challenge; RMO can represent Trust, as well as appear as witness, if he notifies MHRT at outset. (rough summary)
| 2007-02-06 | 2003 cases, Brief summary, Other MHRT cases, Reasons, Transcript |
| R (KB) v MHRT (2003) EWHC 193 (Admin) — Damages hearing following KB and B delay cases
| 2007-02-06 | 2003 cases, No summary, Transcript, Tribunal delay |
| R (SSHD) v MHRT, re DH (2003) EWHC 2864 (Admin) — Tribunal satisfied disorder of a nature although not degree; did not separately consider necessity test. Misdirection re nature/degree so decision to discharge quashed
| 2007-02-06 | 2003 cases, Brief summary, Reasons, Transcript |
| R (KW) v Avon and Wiltshire MH Partnership NHS Trust (2003) EWHC 919 (Admin) — No reasons given for rejecting RMO's evidence; Tribunal gave no indication during hearing of Tribunal doctor's provisional opinion. Decision quashed.
| 2007-02-06 | 2003 cases, Brief summary, Reasons, Transcript |
| R (P) v SSHD (2003) EWHC 2953 (Admin) — The ECHR does not require joint MHRT/Parole Board hearings; the need for consecutive hearings does not breach Article 5(4).
| 2007-01-28 | 2003 cases, Detailed summary, Prison law, Transcript |
| R (Munjaz) v Ashworth Hospital Authority (2003) EWCA Civ 1036 — Departure from Code of Practice.
| 2006-04-16 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (PD) v West Midlands and North West MHRT (2003) EWHC 2469 (Admin) — No appearance of bias just becuase MHRT medical member was employed by same Trust as detained the patient.
| 2006-04-16 | 2003 cases, Bias, Brief summary, Transcript |
| R (von Brandenburg) v East London and City MH NHS Trust (2003) UKHL 58 — An ASW may not lawfully apply for the admission of a patient whose discharge has been ordered by the decision of a mental health review tribunal of which the ASW is aware unless the ASW has formed the reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal.
| 2006-04-16 | 2003 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R (PS) v Dr G (2003) EWHC 2335 (Admin) — Challenge to compulsory treatment.
| 2006-04-16 | 2003 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (M) v Secretary of State for Health (2003) EWHC 1094 (Admin) — Sections 26 and 29 incompatible with Article 8.
| 2006-04-15 | 2003 cases, Displacement, No summary, Transcript |