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 |
| Bath and North East Somerset Council v AJC (1999) MHLR 184 — As a Tribunal order for discharge had not been challenged, it had to be given effect, despite the local authority’s view that it was invalid: the purported renewal was therefore of no effect. [MHLR.]
| 2010-02-26 | 1999 cases, Brief summary, Miscellaneous, No transcript |
| JF v LB Hackney, Re TF (A Child: Guardianship) (1999) MHLR 175 — A desire to return to an inadequate home is not “seriously irresponsible” and so cannot found a conclusion that there is mental impairment. [MHLR.]
| 2010-02-26 | 1999 cases, Brief summary, Miscellaneous, No transcript |
| R (D and M) v SSWP (2010) EWCA Civ 18 — (1) That prisoners detained under s47, s47/49 or s45A, in contrast with civil patients or hospital order patients, receive no welfare benefits until their release date is not unlawful discrimination under Article 14 taken with A1P1. (2) On a proper construction of the statutory language, lifers detained under the MHA are entitled to Income Support or State Pension Credit when they reach their tariff expiry date.
| 2010-01-27 | 2010 cases, Brief summary, Miscellaneous, Transcript |
| FW v Dept of Psychiatry James Connolly Memorial Hospital (2008) IEHC 283 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.]
| 2009-12-09 | 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript |
| Z v Khattak (2008) IEHC 262 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.]
| 2009-12-09 | 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript |
| AB v Nugent Care Society (2009) EWCA Civ 827 — In these appeals, arising from allegations of historic sexual abuse at children's homes, guidance was given on the correct approach to the application of s33 Limitation Act 1980 in the light of A v Hoare [2008] UKHL 6.
| 2009-12-07 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| Seal v UK 50330/07 (2009) ECHR 806 — Statement of facts and question lodged with court. Case concerns the procedure under s139 MHA 1983.
| 2009-12-04 | 2009 cases, Brief summary, ECHR, Miscellaneous, Transcript |
| MS v UK 24527/08 (2009) ECHR 1762 — Statement of facts and question lodged with the court. The case relates to detention under s136 beyond the permitted 72-hour period and a subsequent civil claim against the Trust for negligence, for breaches of Articles 3 and 8 of the Convention, and for misfeasance in public office.
| 2009-12-04 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| West v General Social Care Council (2009) UKFTT 330 (HESC) — The applicant mental health social worker successfully appealed against a decision made by the respondent's Preliminary Proceedings Committee to impose an six-month Interim Suspension Order.
| 2009-12-04 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| Johnston v Chief Constable of Merseyside Police (2009) EWHC 2969 (QB) — (1) A court faced with an application for permission under s139(2) must (a) balance the applicant's interest to be allowed to seek the adjudication of the courts upon any claim which is not frivolous, vexatious or an abuse of process, and the equally legitimate interest of the respondent not to be subjected to the risk of being harassed by baseless claims, and (b) consider whether the proposed claim has a real prospect of success. (2) On the facts, permission was granted. (3) Under the relevant test under the Limitation Act 1980 (which was explained) the 3-year limitation period on the assault claim was dis-applied.
| 2009-11-20 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| R (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.]
| 2009-10-31 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (Munjaz) v Ashworth Hospital Authority (2002) EWHC 1521 (Admin) — Departure from Code of Practice. [Summary required.]
| 2009-10-31 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (DR) v Mersey Care NHS Trust (2002) EWHC 1810 (Admin) — Renewal of section while on long-term s17 leave. [Summary required.]
| 2009-10-31 | 2002 cases, Miscellaneous, No summary, Transcript |
| Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.]
| 2009-10-30 | 2001 cases, Miscellaneous, No summary, Transcript |
| Cook v Bradford Community Health NHS Trust (2002) EWCA Civ 1616 — Negligence case. [Summary required.]
| 2009-10-30 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (RH) v Ashworth Hospital Authority (2001) EWHC 872 (Admin) — Unsuccessful challenge to Ashworth policy not to issue condoms.
| 2009-10-30 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| R (P) v Surrey Oakland NHS Trust (2001) EWHC Admin 461 — Judicial review was an inappropriate means of challenging the closure of the psychiatric hospital.
| 2009-10-30 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| R (C) v SSJ (2009) EWHC x (Admin) — The decision to make C subject to polygraph testing as a condition of his licence did not breach the his Article 8 rights given the seriousness of his offences and his attitude to them; that the scheme was a pilot in his geographical area did not amount to discrimination under Article 14.
| 2009-10-24 | 2009 cases, Brief summary, Miscellaneous, No transcript |
| 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 |
| Dzikowski v GMC (2009) EWHC 1090 (Admin) — The GMC's decision that it was necessary for the protection of patients and in the public interest for the appellant consultant psychiatrist's name to be erased from the Medical Register was lawful.
| 2009-10-08 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| R (Axon) v SSH (2006) EWHC 37 (Admin) — The 2004 guidance "Best Practice Guidance for Doctors and other Health Professionals on the provision of Advice and Treatment to Young People under 16 on Contraception, Sexual and Reproductive Health" was not unlawful. A medical professional can provide such advice and treatment if: (1) the young person understands all aspects of the advice; (2) the young person cannot be persuaded to have his parents informed; (3) (re contraception/STIs) the young person is very likely to have sexual intercourse; (4) without advice/treatment his physical/mental health is likely to suffer; (5) it is in the young person's best interests.
| 2009-08-01 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| R (N) v SSH; R (E) v Nottinghamshire Healthcare NHS Trust (2009) EWCA Civ 795 — The right or freedom to smoke does not engage Article 8(1); Article 14 could not therefore be relied upon either. In any event, the SSH's smoke-free regulations and the Trust's smoke-free policy would be justified under Article 8(2), and the different treatment under the regulations for mental health units compared with prisons, care homes and hospices would be justified under Article 14.
| 2009-07-26 | 2009 cases, Brief summary, Miscellaneous, Smoking, 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 (Compton) v GMC (2008) EWHC 2868 (Admin) — The GMC fitness to practise panel in suspending Dr Compton for a year had exercised a fair procedure (in light of the doctor's decision not to attend) and were justified in their conclusion (that he had been dishonest in not disclosing previous unsuccessful applications for s12 approval).
| 2009-06-15 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| RA (Sri Lanka) v SSHD (2008) EWCA Civ 1210 — Unsuccessful human rights appeal against deportation made by suspected terrorist: the article 3 claim being based on (1) a fear of being ill-treated in Sri Lanka on account of actual or suspected involvement with the Tamil Tigers; (2) mental health and in particular the risk of suicide if returned; the article 8 claim being based on the risk of suicide and interference with the private life established in the UK.
| 2009-06-15 | 2008 cases, Brief summary, Deportation, Miscellaneous, Transcript |
| Dalton v Latnam (2003) EWHC 796 (Ch) — The justice of the case did not require the forfeiture rule to be modified. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Dunn v South Tyneside Health Care NHS Trust (2003) EWCA Civ 878 — Clinical negligence - hourly observations were reasonable. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (A) v Home Secretary (2003) EWHC 2846 (Admin) — Unsuccessful challenge to the decision of the decision of the Secretary of State to permit the claimants to be interviewed by journalists but only if the interviews were conducted within earshot of officials and were tape recorded. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (C) v South London and Maudsley NHS Trust and MHRT (2003) EWHC 3467 (Admin) — Unsuccessful challenge to lawfulness of s4 detention and Tribunal's decision to adjourn. [Summary required.]
| 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Y (Sri Lanka) v SSHD (2009) EWCA Civ 362 — The appellants, who had been tortured as suspected terrorists or terrorist sympathisers before travelling from Sri Lanka to the UK, successfully resisted deportation on Article 3 grounds by claiming that they would commit suicide if returned (even though there was no objective foundation for any fear of ill-treatment).
| 2009-05-04 | 2009 cases, Brief summary, Deportation, Miscellaneous, Transcript |
| R (N) v Ashworth Special Hospital Authority (2001) EWHC Admin 339 — Unsuccessful challenge to Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000 which introduced a discretionary power on special hospitals to record and subsequently to listen to a random ten per cent of the outgoing and incoming telephone calls of patients at the hospitals.
| 2009-04-19 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| R (F) v Oxfordshire Mental Healthcare NHS Trust (2001) EWHC 535 Admin — Refusal to make extra contractual referral for transfer from Broadmoor to medium secure unit was lawful.
| 2009-04-19 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| R (E) v Ashworth Hospital Authority (2001) EWHC 1089 — The restrictions placed on the male claimant's freedom to dress as, and to assume the appearance of, a woman were lawful.
| 2009-04-19 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| C v South London and Maudsley Hospital NHS Trust (2001) EWHC 480 (Admin) — Unsuccessful application for permission to appeal against refusal of leave under s139 to bring proceedings.
| 2009-04-19 | 2001 cases, Miscellaneous, No summary, Permission hearings, Transcript |
| Cornelius v De Taranto (2001) EWCA Civ 1511 — Unsuccessful appeal on liability (Original decision: Unauthorised transmission of medico-legal report; unsuccessful defamation claim; damages awarded for injury to feelings caused by breach of confidence).
| 2009-04-19 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| Cathleen Williams v Anthony Williams (2001) EWCA Civ 197 — The twelve-week requirement under s35 Mental Health Act does not apply to s48(1) Family Law Act 1996 (both sections relate to remand for medical examination and report).
| 2009-04-19 | 2001 cases, Brief summary, Miscellaneous, Transcript |
| Ashworth Hospital Authority v MGN Ltd (2002) UKHL 29 — MGN ordered to disclose identity of intermediary, as a means of identifying the source of the leaked information.
| 2009-04-12 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (DB) v SSHD (2006) EWHC 659 (Admin) — Detention of "pre-operative male-to-female transsexual" on male ward did not violate Article 3 or 8
| 2009-04-12 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| Lebrooy v LB of Hammersmith and Fulham (2006) EWHC 1976 (QB) — Claims struck out for having no prospect of success; in any event, no permission had been obtained under s139 so the proceedings were a nullity.
| 2009-04-12 | 2006 cases, Brief 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 (Takoushis) v HM Coroner for Inner North London (2004) EWHC 2922 (Admin) — Coroner's decision not to call jury or adjourn for expert evidence, and inquest verdict, were lawful. [Overturned on appeal.]
| 2009-04-12 | 2004 cases, Inquests, Miscellaneous, No summary, Transcript |
| R (Scott) v London Borough of Hackney (2009) EWCA Civ 217 — The fact that a judicial review claimant is legally aided and his solicitor would therefore benefit from an inter partes costs order is not relevant to the decision as to whether to make a costs order.
| 2009-04-12 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| Re GM (Section 3 of the Mental Health Act 1983) (2000) EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient).
| 2009-04-12 | 2000 cases, Consulting NR, Miscellaneous, No summary, Transcript |
| R (X) v SSHD (2000) EWCA Civ 3026 — "This appeal from Turner J is concerned with the interrelation of the Immigration Act 1971, the Mental Health Act 1983, and the Human Rights Act 1998 and with the effect of an immigrant's mental illness on the Home Secretary's powers to refuse to grant him exceptional leave to enter or remain."
| 2009-04-12 | 2000 cases, Deportation, Miscellaneous, No summary, Transcript |
| R (X) v SSHD (2000) EWHC 647 (Admin) — "This is an application for judicial review of the decision of an immigration officer dated 28 May 1999, by which he refused to grant the applicant exceptional leave to enter or remain in the United Kingdom and enforced his removal to Malta."
| 2009-04-12 | 2000 cases, Deportation, Miscellaneous, No summary, Transcript |
| R (ML) v Secretary Of State For Health (2000) EWHC Admin 397 — The Visits by Children to Ashworth, Broadmoor and Rampton Hospitals Directions 1999 were lawful and did not violate Article 8.
| 2009-04-11 | 2000 cases, Brief summary, Miscellaneous, Transcript |
| R (Munjaz) v Ashworth Special Hospital Trust (2000) EWHC 644 (Admin) — The Ashworth seclusion policy, which departed from the Code of Practice, was unlawful. [Caution]
| 2009-04-11 | 2000 cases, Brief summary, Miscellaneous, Transcript |
| R (GP) v Merton, Sutton and Wandsworth Health Authority (2000) EWHC 643 (Admin) — Decision to close Orchard Hill (a long stay hospital for people with learning disabilities) quashed.
| 2009-04-11 | 2000 cases, Miscellaneous, No summary, Transcript |
| Doreen Trew v Chase Farm Hospital (2000) EWHC 645 (Admin) — A deferred conditional discharge had proved impossible to implement, no psychiatrist being willing to supervise the patient; on a subsequent Tribunal application the medical evidence was that an absolute discharge would be appropriate, but the panel adjourned the hearing; in the circumstances habeas corpus was not the appropriate remedy as the failure of the Tribunal to make the decision (as it should have) did not make the detention unlawful.
| 2009-04-11 | 2000 cases, Brief summary, Miscellaneous, Transcript |
| Cornelius v de Taranto (2000) EWHC 561 (QB) — Unauthorised transmission of medico-legal report; unsuccessful defamation claim; damages awarded for injury to feelings caused by breach of confidence.
| 2009-04-11 | 2000 cases, Brief summary, Miscellaneous, Transcript |
| Ashworth Hospital Authority v MGN Ltd (2000) EWCA Civ 334 — MGN ordered to disclose identity of intermediary, as a means of identifying the source of the leaked information.
| 2009-04-11 | 2000 cases, Miscellaneous, No summary, Transcript |
| Palmer v Tees Health Authority (1999) EWCA Civ 1533 — The proximity required for a duty of care as between a hospital and the victim of a patient only arises if the victim is a member of an identifiable at risk group. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Miscellaneous, Transcript |
| Broadmoor Hospital Authority v R (1999) EWCA Civ 3039 — A High Secure hospital has a duty to treat patients, maintain security and provide a therapeutic environment; and implicit rights and powers to secure these objectives, including seeking to control events outside the hospital that might impact upon its duties. [MHLR.] (No injunction to prevent patient publishing book about index offence.)
| 2009-04-11 | 1999 cases, Brief summary, Miscellaneous, Transcript |
| R (EM) v SSWP (2009) EWHC 454 (Admin) — The Regulations which deprive of welfare benefits transferred prisoners (s47/49 and s45A patients until they would be entitled to release if in prison) are lawful; this is because there is enough of a relevant difference between them and civil/s37 patients to justify different treatment (i.e. they have been sentenced to a term of imprisonment to which they remain subject); in general, this applies all determinate and indeterminate sentence prisoners, including post-tariff lifers, technical lifers being the only exception because they had not been considered when the Regulations were drawn up and there is not enough of a relevant difference present.
| 2009-03-13 | 2009 cases, Brief summary, Miscellaneous, Transcript |
| R (Wright) v SSH (2009) UKHL 3 — Section 82(4)(b) of the Care Standards Act 2000, which provides for the provisional inclusion in the POVA list of a care worker (thus depriving him of employment) immediately after concerns are raised but before any judicial hearing, is incompatible with Articles 6 and 8.
| 2009-02-22 | 2009 cases, Brief summary, Miscellaneous, 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 (SP) v SSJ (2009) EWHC 13 (Admin) — The requirements of Article 2 concerning an investigation into the treatment of the claimant while she was serving a sentence of detention in a young offender institution.
| 2009-01-21 | 2009 cases, ECHR, Miscellaneous, No summary, Transcript |
| Buck v Nottinghamshire Healthcare NHS Trust (2006) EWCA Civ 1576 — The claimant nurses had been assaulted by a patient and sued the Trust in negligence. The standard of reasonable care is that which is reasonably to be demanded in the circumstances: one of the circumstances was the duty of care owed by the defendant to the patient; another was the failure, contrary to the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000, to have a policy for assessing high risk patients for being locked up at night, a policy which would have led to the patient being locked up and prevented the assault. Appeal dismissed.
| 2009-01-17 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| Gray v Thames Trains Ltd (2008) EWCA Civ 713 — The principle of ex turpa causa did not prevent the claimant from recovering damages after the commission of manslaughter. [Overturned on appeal.]
| 2008-12-28 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| Gray v Thames Trains Ltd (2007) EWHC 1558 (QB) — The principle of ex turpi causa prevented the claimant from recovering damages after the commission of manslaughter.
| 2008-12-28 | 2007 cases, Brief summary, Miscellaneous, Transcript |
| R (Kay) v Health Service Commissioner (2008) EWHC 2063 (Admin) — Unsuccessful challenge to decision of the Health Service Commission (i) to refuse to provide Mr Kay with copies of documents provided by the NHS Trust, which are not deemed to be relevant to a determination of a complaint before the ombudsman by virtue of section 15(1)(a) of the Health Service Commissions Act 1993, and (ii) for requiring an undertaking from Mr Kay to use such documents as may be released only for the purpose of the complaints.
| 2008-12-28 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| Savage v South Essex Partnership NHS Foundation Trust (2008) UKHL 74 — Article 2 imposes, in addition to general obligations, a further "operational" obligation on health authorities and their hospital staff: if members of staff know or ought to know that a particular patient presents a real and immediate risk of suicide, they must do all that can reasonably be expected to prevent the patient from committing suicide.
| 2008-12-10 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| 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, Northern Irish cases, Transcript |
| R (RD) v SSWP (2008) EWHC 2635 (Admin) — Post-tariff lifers who have been transferred to hospital are not entitled to receive Income Support. [Caution: overturned on appeal.]
| 2008-11-24 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| Stec v UK 65731/01 (2006) ECHR 393 — Judgment of Grand Chamber. State benefits, Article 1 of Protocol No 1 & Article 14.
| 2008-11-24 | 2006 cases, Miscellaneous, No summary, Transcript |
| R (RJM) v SSWP (2008) UKHL 63 — Social welfare payments come within the scope of Article 1 Protocol 1; homelessness is an "other status" under Article 14; depriving the homeless of disability premiums was justified; the Court of Appeal is free (but not obliged) to follow an ECtHR decision rather than a previous inconsistent CA decision, but must follow any previous House of Lords decision.
| 2008-11-23 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| M v South West London and St George's Mental Health NHS Trust (2008) EWCA Civ 1112 — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application.
| 2008-10-30 | 2008 cases, Miscellaneous, No summary, Transcript |
| D'Souza v DPP (1992) UKHL 10 — Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises.
| 2008-10-22 | 1992 cases, Brief summary, Miscellaneous, Transcript |
| R (S) v Broadmoor Special Hospital Authority (1998) EWCA Civ 160 — Broadmoor's random and routine search policy was lawful.
| 2008-10-15 | 1998 cases, Miscellaneous, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority (1997) EWCA Civ 2875 — Permission granted to appeal (challenge to Broadmoor search policy).
| 2008-10-15 | 1997 cases, Miscellaneous, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority (1997) EWHC Admin 875 — Broadmoor's random and routine search policy was lawful.
| 2008-10-15 | 1997 cases, Miscellaneous, No summary, Transcript |
| Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust (1998) EWCA Civ 1347 — Unsuccessful judicial review and habeas corpus applications challenging renewal of detention while patient was spending most of week on leave.
| 2008-10-15 | 1998 cases, Miscellaneous, No summary, Transcript |
| M v Hospital Managers of Queen Mary's Hospital (2008) EWHC 1959 (Admin) — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application.
| 2008-09-15 | 2008 cases, Brief summary, Miscellaneous, Transcript |
| AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB) — Negligence.
| 2008-09-13 | 2008 cases, Miscellaneous, No summary, 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 |
| Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case.
| 2008-09-13 | 2008 cases, Miscellaneous, No summary, Transcript |
| Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract.
| 2008-09-13 | 2007 cases, Miscellaneous, No summary, Transcript |
| R (T) v Nottinghamshire Healthcare NHS Trust (2006) EWHC 800 (Admin) — Unsuccessful challenge to s19 transfer from Rampton to Broadmoor.
| 2008-09-12 | 2006 cases, Brief summary, Miscellaneous, Transcript |
| Mersey Care NHS Trust v Ackroyd (2006) EWHC 107 (QB) — No public interest justification for disclosure of journalist's source.
| 2008-02-23 | 2006 cases, Miscellaneous, No summary, Transcript |
| Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source.
| 2008-02-23 | 2007 cases, Miscellaneous, No summary, Transcript |
| Decision of the Social Security Commissioner (2007) UKSSCSC CSS 239 2007 — Appeal against the removal of entitlement to Severe Disablement Allowance by Social Security (Hospital In-Patients) Regulations 2005 was unsuccessful
| 2008-02-22 | 2007 cases, Brief summary, Miscellaneous, 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 |
| Savage v South Essex Partnership NHS Foundation Trust (2006) EWHC 3562 (QB) — For allegations of clinical negligence, the legal test applicable to a breach of Art 2, in respect of a patient detained under s3, is that of at least gross negligence of a kind sufficient to sustain a charge of manslaughter
| 2007-12-27 | 2006 cases, Brief summary, Miscellaneous, 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 |
| 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 |
| 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 (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 (Duncan and Mackintosh) v Legal Aid Board (2000) EWHC Admin 294 — Unsuccessful claim against Legal Aid Board.
| 2006-04-16 | 2000 cases, Miscellaneous, No summary, 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 |
| W v Egdell (1989) EWCA Civ 13 — Independent psychiatrist owes a duty to the public as well as a duty of confidence to the patient. (Independent doctor disclosed his unfavourable report directly to the RMO. Claim for breach of confidence dismissed.)
| 2006-04-15 | 1990 cases, Brief summary, Miscellaneous, Transcript |
| R (D) v SSHD (2004) EWHC 2857 (Admin) — Delay in transfer between hospitals.
| 2006-04-15 | 2004 cases, Miscellaneous, No summary, Transcript |
| R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58 — The Code of Practice is guidance rather than instruction, but must not be departed from in the absence of cogent reasons; the Ashworth seclusion policy, although deviating from the standards in the Code of Practice, was lawful.
| 2006-04-12 | 2005 cases, Brief summary, Miscellaneous, Transcript |