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 |
| R (Degainis) v SSJ (2010) EWHC 137 (Admin) — In relation to a 7-month delay in holding a Parole Board hearing, the SSJ admitted breach of Article 5(4) and apologised, but the claimant sought damages under Article 5(5). (1) Article 5(5) (which gives an "enforceable right to compensation") and s8 HRA 1998 (which limits the power to award damages) are not inconsistent because compensation in Article 5(5) is not limited to money. (2) The first of two grounds for the claim was that the delay increased the length of detention: because of the number of imponderables in the case it was impossible to conclude this. (3) The second ground was based on an inference that frustration and anxiety had been caused: the judge was not prepared to infer, in the absence of specific evidence, a level of frustration of distress sufficient to warrant an award of damages. (4) In general, as to whether or not to award damages, the length of the delay, the effect of the delay, and the impact on the claimant are relevant factors; the seriousness ..→ | 2010-02-05 | 2010 cases, Deprivation of liberty, Detailed summary, Transcript, Tribunal delay |
| R (Miller) v Independent Assessor (2009) EWCA Civ 609 — The Independent Assessor must have erred in law by failing to make proper use of the civil law awards, because without much explanation he arrived at an award which is irrationally low (namely £55,000 for over 4 years' detention following wrongful conviction for murder).
| 2009-12-09 | 2009 cases, Deprivation of liberty, Detailed summary, Transcript |
| EBR Attridge Law LLP v Coleman (2009) UKEAT 0071/09 — The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harassed on the ground of their association with a person who was disabled.
| 2009-11-09 | 2009 cases, Detailed summary, Disability discrimination, Transcript |
| KD and LD v LB Havering (2009) EW Misc 7 (EWCOP) — At a hearing which was expected to be merely interlocutory, the DJ made final orders as to capacity and residence, and appointed the local authority as personal welfare deputy. (1) The power to deal with cases summarily exists but was exercised unlawfully in this case. It is to be exercised as an alternative to a hearing, for example in an emergency or where little or no contest is anticipated. It is unlikely to be exercised appropriately where there is a serious issue or potential issue as to the appropriateness of deprivation of liberty and so where Articles 5 and 6 are potentially engaged. The DJ had achieved an impermissible hybrid, in the course of a hearing exercising powers potentially available to the Court instead of a hearing. (2) A summary decision of best interests must be made by reference to the evidence and the matters in MCA 2005 s4, but this exercise was not fully carried out. (3) There was a breach of procedural fairness and Article ..→ | 2009-10-29 | 2009 cases, Best interests, Detailed summary, Transcript |
| Anderson v Scottish Ministers (2001) UKPC D5 — Section 1 of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 is not incompatible with Article 5(1)(e): the continued detention of restricted patients in a hospital on grounds of public safety is not dependent on their condition being capable of treatment.
| 2009-10-24 | 2001 cases, Detailed summary, Transcript, Treatability test and psychopathic disorder |
| R (E) v Governing Body of JFS (No 2) (2009) UKSC 1 — If the LSC decide fund a successful litigant, that decision must ordinarily be seen to carry with it something close to an assurance that the Commission will continue to support him in any subsequent appeal by the unsuccessful party; the LSC's decision not to continue funding without a protective costs order against the appellent was unlawful and public funding was therefore to continue.
| 2009-10-24 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R v Ghulam (2009) EWCA Crim 2285 — Under CPIA 1964 s4 the court must not make a determination that the defendant is unfit to plead without medical evidence from two medical practitioners; however, where the medical evidence of unfitness to plead is only available from one medical practitioner, the judge is not bound to adjourn the trial but can make a determination that the defendant is fit to plead.
| 2009-10-24 | 2009 cases, Criminal law, Detailed summary, Transcript |
| Bury Metropolitan Borough Council v D (2009) EWHC 446 (Fam) — It was lawful for the local authority to remove a child from its mother immediately at birth without informing the mother of its intentions.
| 2009-10-08 | 2009 cases, Best interests, Detailed summary, Transcript |
| R (Purdy) v DPP (2009) UKHL 45 — (1) The prohibition of assisted suicide in section 2(1) Suicide Act 1961 interfered with the claimant's Article 8(1) right to respect for private life (her personal autonomy and right to self-determination). (2) This interference - in cases of the suicide of a person who is terminally ill or severely and incurably disabled, who wishes to be helped to travel to a country where assisted suicide is lawful and who, having the capacity to take such a decision, does so freely and with a full understanding of the consequences - is not "in accordance with the law" as required by article 8(2), in the absence of an offence-specific policy by the DPP which sets out the factors that will be taken into account in deciding under s2(4) whether to prosecute. (3) Therefore the DPP was required to promulgate such an offence-specific policy.
| 2009-08-01 | 2009 cases, Criminal law, Detailed summary, Transcript |
| W Primary Care Trust v TB, Re Brammall (2009) EWHC 1737 (Fam) — TB was eligible to be deprived of her liberty under the Mental Capacity Act 2005 (either under DOLS provisions or s16 court order): she might have been ineligible under Case E, but she was not a "mental health patient" because her care home did not fall within the definition of a hospital.
| 2009-07-23 | 2009 cases, Best interests, Deprivation of liberty, Detailed summary, Transcript |
| R (Betteridge) v Parole Board (2009) EWHC 1638 (Admin) — (1) Article 5(4) requires a speedy hearing to determine the lawfulness of detention, independently of any consideration of arbitrariness under Article 5(1). (2) The delay in listing the claimant's Parole Board hearing, due to a lack of panel members, breached his Article 5(4) right to a speedy hearing; however, as there had been no chance of release, there was no claim in damages. (3) The steps being taken to fix the systemic failures, and the ongoing problems, mean that further Article 5(4) delay claims are not appropriate unless in very special circumstances.
| 2009-07-07 | 2009 cases, Detailed summary, Prison law, Transcript |
| R (Allen) v HM Coroner for Inner North London (2009) EWCA Civ 623 — An inquest into the death of a patient who was detained in a hospital under s3 had to satisfy the enhanced requirements of Article 2
| 2009-07-05 | 2009 cases, Detailed summary, Inquests, Transcript |
| Gray v Thames Trains Ltd (2009) UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter.
| 2009-06-21 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (Takoushis) v HM Coroner for Inner North London (2005) EWCA Civ 1440 — Where a person dies as a result of what is arguably medical negligence in an NHS hospital, the state must have a system which provides for the practical and effective investigation of the facts and for the determination of civil liability. Unlike in the cases of death in custody, the system does not have to provide for an investigation initiated by the state but may include such an investigation. The present system complied with Article 2. Inquest verdict quashed and new inquest ordered.
| 2009-04-12 | 2005 cases, Detailed summary, Inquests, Miscellaneous, Transcript |
| R (Fitzpatrick) v MHRT (2005) CO/2778/2004 — Delay between deferred conditional discharge and eventual absolute discharge; Tribunal conceded judicial review against conditional discharge decision made without hearing, but disputed damages; damages of £4000 awarded by judge (frustration and distress, probability of earlier discharge).
| 2009-04-12 | 2005 cases, Detailed summary, No transcript, Tribunal delay |
| Wall v Sweden 41403/98 (1997) ECHR 201 — The detention of an alcoholic under Article 5(1)(e) did not breach Article 5(1): the authorities continuously considered less severe measures, they strictly scrutinised the necessity for subjecting the applicant to compulsory care, and the total length of the applicant’s detention was not extended beyond a period reasonable to the aim pursued by domestic law, namely to motivate the applicant in such a way that he become capable of voluntary participation in continuing treatment and capable of receiving support in order to discontinue his abuse.
| 2009-04-10 | 1997 cases, Detailed summary, ECHR, Transcript |
| Varbanov v Bulgaria 31365/96 (2000) ECHR 457 — (1) Violation of Article 5(1): Deprivation of liberty was not justified under Art 5(1)(e) and had no basis in domestic law which, moreover, did not provide the required protection against arbitrariness as it did not require the seeking of a medical opinion. (2) Violation Article 5(3): The applicant could only appeal to prosecutors and so was deprived of his right to have the lawfulness of his detention reviewed by a court.
| 2009-04-10 | 2000 cases, Detailed summary, ECHR, Transcript |
| Naumenko v Ukraine 42023/98 (2004) ECHR 68 — Enforced medical treatment of prisoner did not violate Article 3.
| 2009-04-10 | 2004 cases, Challenges to compulsory treatment, Detailed summary, ECHR, No transcript |
| Keenan v UK 27229/95 (2001) ECHR 242 — The applicant's son had committed suicide while serving a prison sentence. Her Article 2 complaint was rejected (the authorities responded in a reasonable way to his conduct, placing him in hospital care and under watch when he evinced suicidal tendencies) but her Article 3 complaint was accepted (lack of effective monitoring and informed psychiatric input into his assessment and treatment, together with the imposition of punishments including seven days' segregation).
| 2009-04-10 | 2001 cases, Detailed summary, ECHR, Transcript |
| Clunis v UK 45049/98 (1998) ECHR 116 — The failures in providing care prior to the claimant's offence did not breach Article 8 as there was no inevitable link between the failures and the offence; although he lost his negligence action against the local authority (partly on the basis of ex turpi causa) there had been no breach of Article 6 in the procedure.
| 2009-04-09 | 1998 cases, Detailed summary, ECHR, Transcript |
| R v Wood (No 2) (2009) EWCA Crim 651 — The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR]
| 2009-04-05 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Wood (No 1) (2008) EWCA Crim 1305 — In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR]
| 2009-04-05 | 2008 cases, Criminal law, Detailed summary, Transcript |
| C v V, Re S and S (Protected Persons) (2008) EWHC B16 (Fam) — (1) Under the Mental Capacity Act 2005, there is a presumption in favour of implementing P's wishes unless they are irrational, impractical, or irresponsible (with reference to resources), or there is a sufficiently countervailing consideration. (2) The appointment of donees jointly (rather than jointly and severally) under a power of attorney created the presumption that the donors wanted decisions made jointly or by neither appointee. (3) Mr and Mrs S's wishes (that if both daughters were unable to act jointly then neither should act singly) would be implemented, and an independent Deputy would be appointed.
| 2009-02-22 | 2008 cases, Best interests, Detailed summary, Transcript |
| R (Purdy) v DPP (2009) EWCA Civ 92 — The absence of a crime-specific policy relating to assisted suicide (identifying the facts and circumstances where it will not be in the public interest to prosecute) does not make the operation and effect of section 2(1) of the Suicide Act 1961 Act unlawful nor mean that it is not in accordance with law for the purposes of Article 8(2). [Overturned on appeal.]
| 2009-02-22 | 2009 cases, Criminal law, Detailed summary, Transcript |
| Re P (2009) EWHC 163 (Ch) — The Court of Protection is not bound by the substituted judgment approach from the previous legislation, including the Mental Health Acts 1959 and 1983, but must apply the Mental Capacity Act 2005 best interests approach (the general philosophy of which is discussed)
| 2009-02-11 | 2009 cases, Detailed summary, Other capacity cases, Transcript |
| R (B) v DPP (2009) EWHC 106 (Admin) — The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational on the facts; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.
| 2009-02-02 | 2009 cases, Criminal law, Detailed summary, Transcript |
| Austin v Commissioner of Police of the Metropolis (2009) UKHL 5 — (1) The difference between deprivation of and restriction upon liberty is merely one of degree or intensity, not one of nature or substance; it is highly sensitive to the facts of each case. (2) Where the purpose of the measure is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual; there is room, even in the case of fundamental rights, for a pragmatic approach which takes full account of all the circumstances; however, in general, purpose is relevant, not to whether the Article 5 threshold is crossed, but to justification under 5(1)(a) to (e). (3) Measures of crowd control will fall outside the ambit of Article 5 so long as they are not arbitrary, i.e. they must be resorted to in good faith, they must be proportionate, and they must not be enforced for longer than is reasonably necessary; the confinement by the police of the claimant for seven hours in Oxford Circus in order to avoid physical ..→ | 2009-01-29 | 2009 cases, Deprivation of liberty, Detailed summary, Transcript |
| R (Black) v SSJ (2009) UKHL 1 — The decision on whether to release a determinate sentence prisoner at his parole eligibility date (the half-way point of a long-term Criminal Justice Act 1991 prisoner) did not engage Article 5 as the decision was merely the administrative implementation of the sentence of the court.
| 2009-01-28 | 2009 cases, Detailed summary, Prison law, Transcript |
| Adorian v Commissioner of Police of the Metropolis (2009) EWCA Civ 18 — Failure to apply for permission under s329(2) Criminal Justice Act 2003 before bringing proceedings did not render the proceedings a nullity, but rather amounted to a procedural irregularity that could be cured by subsequent application at the discretion of the court.
| 2009-01-28 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (Abu-Rideh) v SSHD (2007) EWHC 2237 (Admin) — The claimant's appeal under s10(1) of the Prevention of Terrorism Act 2005 against the modification of his control order (that the cumulative effect in his changed circumstances, in particular because he now lives alone and his perceived declining mental health, had led to breaches of Articles 5, 3 and 8) failed.
| 2009-01-19 | 2007 cases, Deprivation of liberty, Detailed summary, Transcript |
| 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, Transcript |
| Re A (Medical Treatment: Male Sterilisation) (2000) 1 FLR 549, (2000) 1 FCR 193 — It would not be in the best interests of A, who lacked capacity to make the decision, to be sterilised, while the current level of supervision continued; best interests are not limited to best medical interests but encompass medical, emotional and all other welfare issues.
| 2008-12-30 | 2000 cases, Best interests, Detailed summary, Transcript |
| Re A (Children) (Conjoined Twins: Surgical Separation) (2000) EWCA Civ 254 — (1) The operation to separate Siamese twins, both of whom would otherwise shortly die, would clearly be in Jodie's best interests, but would kill Mary; the court must perform a balancing exercise in determining what was in the twins' best interests, regardless of the parents' religious objections; the scales come down heavily in Jodie's favour. (2) The operation would be lawful in criminal law, under the doctrine of necessity, and as the primary purpose was not to kill Mary
| 2008-12-30 | 2000 cases, Best interests, Detailed summary, Transcript |
| R (MN) v MHRT (2008) EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).
| 2008-12-22 | 2008 cases, Change of status after application made, Detailed summary, 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 |
| S v Floyd (2008) EWCA Civ 201 — Floyd's decision to withhold payment of rent had nothing to do with his disablity, so the Disability Discrimination Act 1995 could not be used to resist a possession order under the Housing Act 1988.
| 2008-12-14 | 2008 cases, Detailed summary, Disability discrimination, Transcript |
| R (DB) v Nottingham Healthcare NHS Trust (2008) EWCA Civ 1354 — A hospital order under s37 ceases to have effect if the offender is not admitted to the named hospital within 28 days; unless the offender is to be immediately conveyed from court to hospital, the "place of safety" power in s37(4) must be expressly exercised.
| 2008-12-03 | 2008 cases, Criminal law, Detailed summary, Transcript |
| X City Council v MB, re MAB (2006) EWHC 168 (Fam) — MAB's parents had wanted to arrange a marriage for him in Pakistan. It was declared that MAB did not have capacity to marry; therefore any marriage, even if valid in Pakistan, would not be recognised as valid in English law. His parent's undertakings not to take him to a wedding or out of Britain were accepted and his passport was returned. Any assessment of capacity to marry must take into account the question of capacity to consent to sexual relations. This involved a low level of understanding, which must be same in its essentials as required by the criminal law under the Sexual Offences Act 2003.
| 2008-11-29 | 2006 cases, Detailed summary, Other capacity cases, Transcript |
| R (F) v SSJ (2008) EWHC 2912 (Admin) — The medical opinions were based on old assessments and were at best ambigious as to the treatability test; so the decision to transfer under s47 MHA 1983 was Wednesbury unreasonable, and the subsequent detention was unlawful under domestic law and Article 5; (obiter) the decision would not have been ultra vires; based on subsequent reports, the decision would not be quashed, as if the defendant had sough to clarify the medical opinions the decision would have been lawful. [Caution.]
| 2008-11-28 | 2008 cases, Deprivation of liberty, Detailed summary, Transcript |
| R (IT) v SSJ (2008) EWHC 1707 — Recall of patient unlawful where no new relevant information available to MoJ after discharge by MHRT; the element of the discharge plan requiring leave to be escorted was a temporary measure and so did not amount to continuing deprivation of liberty.
| 2008-11-03 | 2008 cases, Deprivation of liberty, Detailed summary, Discharge conditions, Ministry of Justice, Transcript |
| R (Wilkinson) v Broadmoor Hospital (2001) EWCA Civ 1545 — The decision to impose treatment without consent upon a protesting patient is a potential invasion of his rights under Article 3 or Article 8, and he is entitled to a proper hearing, on the merits, of whether the statutory grounds for imposing this treatment upon him against his will are made out. (...)
| 2008-10-15 | 2001 cases, Challenges to compulsory treatment, Detailed summary, Transcript |
| St Helens Borough Council v Manchester PCT, re PE (2008) EWCA Civ 931 — It was for the primary care trust acting on behalf of the Secretary of State for Health and not for the local authority to decide whether the care needs of a woman with dissociative identity disorder were primarily for health care or for care which a social services authority should provide. The trust was required to define in its decision the services which the social services authority was required to provide to the woman, whose mental and psychological conditions required constant and expensive care. It was not satisfactory for the two parties to resolve the issue by costly litigation, since the money for the care and the litigation all came from the public purse.
| 2008-10-10 | 2008 cases, Community care, Detailed summary, Permission hearings, Transcript |
| LLBC v TG (2007) EWHC 2640 (Fam) — Best interests case.
| 2008-10-06 | 2007 cases, Detailed summary, Other capacity cases, Transcript |
| Bailey v Warren (2006) EWCA Civ 51 — PRACTICE — Parties — Mental capacity — Action for damages for personal injuries compromised by claimant before proceedings commenced — Subsequent lack of mental capacity leading to appointment of litigation friend — Whether valid approval of compromise — CPR Pt 21. The established principles relating to mental incapacity and the conduct of litigation were to be applied to the compromise of an action by a claimant before he became a “patient” within the meaning of CPR r 21.1 and which was made before any proceedings were commenced. (ICLR summary.)
| 2008-09-25 | 2006 cases, Detailed summary, Other capacity cases, Transcript |
| R v B (2008) EWCA Crim 1997 — CRIME— Plea — Fitness to plead — Two among several defendants found unfit to plead — Jury yet to be empanelled — Judge finding single jury incapable in principle of hearing case against fit and unfit defendants together — Whether such conclusion correct. Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.
| 2008-09-23 | 2008 cases, Criminal law, Detailed 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 (Brooke) v Parole Board (2008) EWCA Civ 29 — The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.
| 2008-09-21 | 2008 cases, Detailed summary, Prison law, Transcript |
| KC v City of Westminster Social and Community Services Department (2008) EWCA Civ 198 — Muslim marriage where groom lacked capacity was not recognised in English law.
| 2008-09-13 | 2008 cases, Detailed summary, Other capacity cases, Transcript |
| R (Rayner) v Secretary of State for Justice (2008) EWCA Civ 176 — The statutory scheme dealing with the referral of the case of a recalled mental patient to a mental health review tribunal was not incompatible with the patient’s rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, whether because of the timescale envisaged or for lack of a right of direct access to a court.
| 2008-09-13 | 2008 cases, Detailed summary, Ministry of Justice, Transcript |
| Adorian v Commissioner of Police of the Metropolis (2008) EWHC 1081 (QB) — Failure to apply for permission under s329(2) Criminal Justice Act 2003 before bringing proceedings did not render the proceedings a nullity, but rather amounted to a procedural irregularity that could be cured by subsequent application at the discretion of the court; Seal v. Chief Constable of South Wales Police (2007) UKHL 31 distinguished because of differences from s139 MHA 1983; permission now granted.'
| 2008-09-13 | 2008 cases, Detailed summary, Miscellaneous, Transcript |
| R (G) v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1096 (Admin) — HUMAN RIGHTS — Right to respect for private and family life — Smoking ban — Claimants detainees at high security psychiatric hospital — Regulation providing mental health units temporary exemption from smoking ban — Whether regulation to be read as providing mental health units with permanent exemption — Whether interference with claimants’ Convention rights — Human Rights Act 1998, s 3(1), Sch 1, Pt 1, arts 8, 14 — Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765), reg 10(3). A provision which had the effect of prohibiting smoking in a high security psychiatric hospital was not incompatible with the human rights of detained mental patients and was not unlawful.
| 2008-09-13 | 2008 cases, Detailed summary, Miscellaneous, Smoking, Transcript |
| London Borough of Lewisham v Malcolm (2008) UKHL 43 — The claim for possession under the Housing Act 1988 was not discriminatory under the Disability Discrimination Act 1995 since the landlord did not know of the disability and the tenant's schizophrenia was not causally responsible for his sub-letting of the premises in breach of tenancy.
| 2008-09-13 | 2008 cases, Detailed summary, Disability discrimination, Transcript |
| R v Aisling Murray (2008) EWCA Crim 1792 — A sentence of life imprisonment and conviction for murder was quashed, and substituted with a conviction for manslaughter on the grounds of diminished responsibility and a restricted hospital order; this was even though the appellant had pleaded guilty to murder, as her decision to plead guilty was affected by her medical condition, which also substantially reduced her responsibility for the killing.
| 2008-09-13 | 2008 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 |
| Sheffield City Council v E (2004) EWHC 2808 (Fam) — HUSBAND AND WIFE — Marriage — Capacity to marry — Alleged patient wanting to marry — Local authority wishing to prevent marriage — Whether jurisdiction to apply best interests test. Since to establish capacity to marry required only the ability to understand the nature of the marriage contract and the duties and responsibilities that normally attached to marriage, there was no jurisdiction to consider whether any particular marriage was in an alleged patient's best interests.
| 2008-09-12 | 2004 cases, Detailed summary, Other capacity cases, Transcript |
| LGO decision: Medway Council 06/B/12248 and Wigan Metropolitan Borough Council 06/B/12247 (29/4/08) — After funding under s117.
| 2008-08-21 | 2008 cases, After-care, Detailed summary, Transcript |
| LGO decision: North Yorkshire County Council 05/C/13158 (24/7/07) — After funding under s117 (top-ups).
| 2008-08-21 | 2007 cases, After-care, Detailed summary, Transcript |
| LGO decision: Poole Borough Council 06/B/7542 (5/9/07) — Duties under s117.
| 2008-08-21 | 2007 cases, After-care, Detailed summary, Transcript |
| LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07) — Duties under s117.
| 2008-07-31 | 2007 cases, After-care, Detailed summary, Transcript |
| R (Care Principles Ltd) v MHRT; R (AL) v Care Principles Ltd (2006) EWHC 3194 (Admin) — The MHRT's decision to discharge from s2 was not flawed; the subsequent decision to re-detain under s3 was unjustified and unlawful.
| 2008-02-22 | 2006 cases, Detailed summary, Re-sectioning after hearing, Transcript |
| R (N) v Dr M (2002) EWCA Civ 1789 — Challenge to compulsory treatment.
| 2008-02-22 | 2002 cases, Challenges to compulsory treatment, Detailed summary, Transcript |
| London Borough of Lewisham v Malcolm (2007) EWCA Civ 763 — A possession order cannot be made if it would amount to unlawful discrimination under the DDA 1995, even where the court would otherwise have no discretion to refuse the order.
| 2008-02-22 | 2007 cases, Detailed summary, Disability discrimination, Transcript |
| Savage v South Essex Partnership NHS Foundation Trust (2007) EWCA Civ 1375 — Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."
| 2007-12-27 | 2007 cases, Detailed summary, Miscellaneous, Transcript |
| R (SSHD) v MHRT, re JC (2007) EWHC 2224 (Admin) — Deferred conditional discharge decision was unlawful: (1) the decision on the statutory criteria was irrational; (2) the conditions were unlawful - by requiring satisfactory trial leave and consent from third parties they were pre-conditions to discharge rather than conditions of discharge.
| 2007-10-30 | 2007 cases, Detailed summary, Reasons, 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 |
| R (Brooke) v Parole Board (2007) EWHC 2036 (Admin) — The Parole Board lacks independence for the purposes of Article 5(4) ECHR because of the sponsorship relationship with the Ministry of Justice which is a party to its proceedings.
| 2007-09-16 | 2007 cases, Detailed summary, Prison law, Transcript |
| R (Miah) v SSHD (2004) EWHC 2569 (Admin) — Criminal sentence continues after s47 (notional s37) transfer, and after discharge from section; as does any licence period and power to recall for breach.
| 2007-09-13 | 2004 cases, Detailed summary, Prison law, Transcript |
| R (MH) v Secretary of State for the Department of Health (2005) UKHL 60 — Mental disorder — Mental health review tribunal — Discharge of patient — Detained patient incompetent to apply for own discharge — Extension of detention pending determination of approved social worker's application to displace nearest relative — Whether statutory scheme incompatible with patient's Convention right to liberty — Mental Health Act 1983, ss 2, 29(4) — Human Rights Act 1998, Sch 1, Pt I, art 5(4). The scheme for the review of a patient's detention under the 1983 Act was capable of being operated so as to give practical effect to the patient's right, guaranteed by art 5(4) of the European Convention on Human Rights, to take proceedings to have the lawfulness of her detention speedily decided by a court and for review thereafter at reasonable intervals.
| 2007-07-17 | 2005 cases, Detailed summary, Displacement, Transcript |
| Seal v. Chief Constable of South Wales Police (2007) UKHL 31 — MENTAL DISORDER — Leave to bring proceedings — Civil proceedings — Police officers removing claimant to place of safety — Claimant bringing action against officers without obtaining leave of High Court — Whether failure to obtain leave rendering proceedings nullity — Mental Health Act 1983, s 139(2). It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.
| 2007-07-17 | 2007 cases, Detailed summary, Miscellaneous, Transcript |
| Seal v Chief Constable of South Wales Police (2005) EWCA Civ 586 — Mental disorder — Practice — Leave to bring proceedings — Claim by patient for damages against police officers — Failure to obtain leave to bring proceedings — Whether proceedings rendered nullity — Whether subsequent grant of leave permissible — Mental Health Act 1983, s139(2). It was a mandatory requirement to seek leave from the High Court under s 139(2) of the Mental Health Act 1983 to bring civil proceedings for actions purported to be done under that Act. Failure to seek leave rendered the proceedings a nullity.
| 2007-07-17 | 2005 cases, Detailed summary, Miscellaneous, Transcript |
| R (Rayner and Marsh) v SSHD (2007) EWHC 1028 (Admin) — (1) Section 75 provides an independent legal device by which the detainee may appear before a judge which is not dependent on the good will of the detaining authority and thus is Article 5 compliant; in any event, the section cannot be incompatible as means exist to operate it compatibly. (2) In order for s75 to be compatible the Secretary of State ought to refer the case of a recalled patient at once (in practice, within 72 hours) to the MHRT unless the circumstances of the applicant or his case positively require otherwise. (3) On the facts the delay in making the reference breached Article 5(4).
| 2007-05-20 | 2007 cases, Detailed summary, Ministry of Justice, Transcript |
| R (SH) v MHRT (2007) EWHC 884 (Admin) — Condition "that the patient shall comply with medication" was lawful.
| 2007-05-17 | 2007 cases, Detailed summary, Discharge conditions, Transcript |
| R (RD) v MHRT (2007) EWHC 781 (Admin) — (1) The communication by the medical member of a "very preliminary" view was lawful, even though it went to detainability and not merely to mental condition; (2) the reasons given for not discharging were adequate.
| 2007-04-18 | 2007 cases, Bias, Detailed summary, Transcript |
| Ward v Commissioner of Police for the Metropolis (2005) UKHL 32 — Mental disorder — Place of safety order — Validity of detention — Warrant naming health professionals to accompany constable — Named persons absent when warrant executed — Whether warrant and execution valid — Whether power in magistrate to specify names — Mental Health Act 1983 (as amended by Police and Criminal Evidence Act 1984, s 119(1)(2), Sch 7, Pt I), s 135(1). A condition imposed by a magistrate issuing a warrant under s135 of the Mental Health Act 1983 specifying named persons to accompany the constable executing the warrant had been invalid.
| 2007-02-07 | 2005 cases, Detailed 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, Deferred conditional discharge, Detailed summary, 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, Detailed summary, ECHR, Transcript |
| HL v UK 45508/99 (2004) ECHR 471 — 'Informal' compliant incapacitated patient was deprived of his liberty, with lack of procedural safeguards or access to court, in breach of Art 5(1) and (4).
| 2007-02-07 | 2004 cases, Deprivation of liberty, Detailed summary, ECHR, Transcript |
| R (KB) v MHRT (2003) EWHC 193 (Admin) — Damages hearing following KB and B delay cases
| 2007-02-06 | 2003 cases, Detailed summary, Transcript, Tribunal delay |
| 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 |
| JE v DE and Surrey County Council (2006) EWHC 3459 (Fam) — In determining whether a person is deprived of his liberty, the crucial question is whether he is is “free to leave” the institution, not only for approved outings but also permanently to go or live where or with whom he chooses; there can be deprivation of liberty in the absence of a lock or physical barrier, and it can equally be caused by the misuse or misrepresentation of even non-existent authority
| 2007-01-20 | 2006 cases, Deprivation of liberty, Detailed summary, Other capacity cases, Transcript |
| R (IH) v SSHD (2001) EWHC Admin 1037 — Section 73 is compatible with Article 5 ECHR: deferred conditional discharge is a provisional decision; the Tribunal can monitor progress, and reconsider and amend the decision if appropriate.
| 2007-01-07 | 2001 cases, Deferred conditional discharge, Detailed summary, Transcript |
| R (M) v MHRT (2005) EWHC 2791 (Admin) — There was no appearance of bias where the sentencing judge, who had imposed the hospital order with restrictions, heard the subsequent MHRT appeal; the patient knew the relevant facts and unequivocally decided not to object at the time, so had waived his right to object
| 2006-12-27 | 2005 cases, Bias, Detailed summary, Transcript |
| R (East London and the City MH NHS Trust) v MHRT, re IH (2005) EWHC 2329 (Admin) — The Tribunal failed properly to deal with s72(2)(a) when directing discretionary discharge; should have adjourned for information to satisfy itself that appropriate aftercare would be in place; and failed to consider their s72(2) power to recommend transfer.
| 2006-12-23 | 2005 cases, Detailed summary, Reasons, Transcript |
| R (O) v MHRT (2006) EWHC 2659 (Admin) — Patient can withdraw application between unfulfilled s72(3) recommendation and reconvened hearing. [Caution.]
| 2006-10-25 | 2006 cases, Detailed summary, Powers, Transcript |
| R (OS) v SSHD (2006) EWHC 1903 (Admin) — Home Office decision not to approve unescorted community leave following MHRT deferred conditional discharge was not unlawful; HO entitled to rely upon separate factors than those considered by MHRT, including absconsion risk flowing from immigration status.
| 2006-07-30 | 2006 cases, Detailed summary, Ministry of Justice, Transcript |
| JT v UK 26494/95 (2000) ECHR 133 — Case struck out of list, as friendly settlement reached to ensure MHA compliant with Article 8: MHA to be amended to allow patient to apply for displacement of NR where reasonably objected; and to allow exclusion of certain persons from acting as NR.
| 2006-05-03 | 2000 cases, Detailed summary, Displacement, ECHR, Transcript |
| R (SSHD) v MHRT, re BR (2005) EWCA Civ 1616 — MHRT granted absolute discharge without considering conditional discharge criteria; High Court quashed decision, so patient became detained restricted patient again; Home Office refused to grant s17 leave until next MHRT; Court of Appeal partially quashed MHRT decision but declared patient entitled to be conditionally discharged pending MHRT determination of appropriate discharge type.
| 2006-05-03 | 2005 cases, Absolute or conditional discharge, Detailed summary, Transcript |
| R (M) v South Thames MHRT (1997) EWHC Admin 797 — Tribunal application made while under s2 does not fall if the patient is subsequently placed under s3; patient maintains his separate right to apply under while s3.
| 2006-04-20 | 1997 cases, Change of status after application made, Detailed summary, Transcript |
| R (SR) v MHRT (2005) EWHC 2923 (Admin) — MHRT application appealing against s3 falls when patient subsequently made subject to s25A; fresh application required.
| 2006-04-19 | 2005 cases, Change of status after application made, Detailed summary, Transcript |
| R (H) v MHRT North and East London Region (2001) EWCA Civ 415 — Section 73 incompatible with Article 5 because burden of proof was placed on patient.
| 2006-04-16 | 2001 cases, Burden and standard of proof, Detailed summary, Transcript |
| R (KB) v MHRT (2002) EWHC Admin 639 — Lack of speedy Tribunal hearings breached Article 5(4).
| 2006-04-16 | 2002 cases, Detailed 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, Detailed 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, Detailed summary, Transcript |
| R (Tagoe-Thompson) v The Hospital Managers of the Park Royal Centre (2003) EWCA Civ 330 — Panel of three hospital managers must be unanimous in order to discharge patient.
| 2006-04-16 | Detailed summary, Hospital managers hearings, 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, Detailed summary, Displacement, Transcript |
| Reid v Secretary of State for Scotland (1998) UKHL 43 — (1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational.
| 2006-04-15 | 1998 cases, Absolute or conditional discharge, Detailed summary, Scottish cases, Transcript, Treatability test and psychopathic disorder |
| R (Huzzey) v Riverside MH Trust (1998) EWHC Admin 465 — Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion.
| 2006-04-15 | Detailed summary, Hospital managers hearings, Other NR cases, Transcript |
| R (AL) v SSHD (2005) EWCA Civ 2 — The Secretary of State's powers to continue the recall of a patient who had originally been detained following an acquittal of murder on grounds of insanity and pursuant to s 5(1)(a) of the 1964 Act, but was recalled pursuant to s 42(3) of the 1983 Act, differed from such powers as were granted under s 37 of the 1983 Act.
| 2006-04-13 | 2005 cases, Detailed summary, Other classification cases, Transcript |
| R (O) v West London MH NHS Trust (2005) EWHC 604 (Admin) — Hospital managers are under a common law duty to provide both oral and written reasons at the time of the decison; the decision is legally defective if the reasons are inadequate; this defect cannot be cured by later evidence giving a proper explanation of the reasons; the supplementary evidence was more than mere elucidation so was not accepted.
| 2006-04-13 | Detailed summary, Hospital managers hearings, Transcript |
| R (B) v Dr SS (2006) EWCA Civ 28 — MENTAL HEALTH — Compulsory detention — Consent to treatment — Convicted rapist detained in secure mental hospital — Refusal to consent to treatment — Whether compulsory treatment in breach of human rights — Mental Health Act 1983 (c 20), s 58 — Human Rights Act 1998, Sch 1, Pt I, arts 3, 8, 14. The compulsory treatment of a mental patient under s58(3)(b) of the Mental Health Act 1983 did not infringe the patient’s human rights under arts 3, 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Provided such treatment was medically necessary, it was not necessary also to show that it was required to prevent the patient causing harm to himself or others.
| 2006-04-12 | 2006 cases, Challenges to compulsory treatment, Detailed summary, Transcript |
| R (B) v Dr SS (2005) EWHC 1936 (Admin) — This was the second of two JRs involving the same parties. Challenge to compulsory treatment.
| 2006-04-12 | 2005 cases, Challenges to compulsory treatment, Detailed summary, Transcript |
| R (K) v West London MH NHS Trust (2006) EWCA Civ 118 — MENTAL DISORDER — Secretary of State’s powers — Leave of absence — Patient granted leave of absence by registered medical officer — Patient wishing to make trial transfer to private sector medium security hospital — Secretary of State refusing to fund transfer — Whether Secretary of State (or his delegate) obliged to fund placement — Whether opinion of registered medical officer binding on Secretary of State — National Health Service Act 1977, s 3 — Mental Health Act 1983, s17. A mental health trust was not obliged to fund a placement for trial leave which a patient’s registered medical officer had decided under s 17 of the Mental Health Act 1983 was clinically appropriate. The opinion of a registered medical officer on a matter of clinical judgment was not binding on the Secretary of State for Health (or his delegate) performing functions under s 3 of the National Health Service Act 1977.
| 2006-04-12 | 2006 cases, Detailed summary, Ministry of Justice, Transcript |
| R (B) v Ashworth Hospital Authority (2005) UKHL 20 — A patient detained for treatment under the Mental Health Act 1983 could be treated compulsorily under s 63 of that Act for any disorder from which he suffered, and not only for the particular form of disorder from which he was classified as suffering under the application or order which authorised his detention.
| 2006-04-12 | 2005 cases, Detailed summary, Other classification cases, Transcript |