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 |
| Law Hospital NHS Trust v Lord Advocate (1996) ScotCS CSIH 2 — "The purpose of these proceedings is to obtain the sanction of the court to the termination of nutrition and hydration and all other life sustaining treatment to a patient at Law Hospital." [Summary required.]
| 2009-11-30 | 1996 cases, Best interests, No summary, Scottish cases, Transcript |
| Her Majesty's Advocate v S (1999) ScotHC 183 — Fitness to plead. [Summary required.]
| 2009-11-30 | 1999 cases, Criminal law, No summary, Scottish cases, Transcript |
| Re Robertson (Application for Judicial Review of a decision of Fife Council) (2001) ScotCS 94 — "This case concerns the controversial subject of the provision of and payment for nursing home care for the elderly and infirm." [Summary required.]
| 2009-11-30 | 2001 cases, Community care, No summary, Scottish cases, Transcript |
| Kim Louise Scarsbrook or Galbraith v Her Majesty's Advocate (2001) ScotHC 45 — Diminished responsibility. [Summary required.]
| 2009-11-30 | 2001 cases, Criminal law, No summary, Scottish cases, Transcript |
| Re Maughland (Determination Into the Death of) (2003) ScotSC 10 — [Summary required.]
| 2009-11-30 | 2003 cases, Inquests, No summary, Scottish cases, Transcript |
| Re McDougall or Muldoon (Guardianship Order) (2005) ScotSC 6 — "This is an application under the Adults with Incapacity (Scotland) Act 2000, in which the Applicant, Paul Muldoon, seeks an order under section 57 of the Act appointing him as guardian with powers relating to both the welfare of, and the property and financial affairs of, his mother, Mrs Mona McDougall or Muldoon (hereafter, "the adult"). The welfare powers sought are (a) to decide where the adult should live, (b) to have access to confidential documents, and (c) to consent to, or withhold consent to, medical treatment." [Summary required.]
| 2009-11-30 | 2005 cases, No summary, Other capacity cases, Scottish cases, Transcript |
| Yung v Procurator Fiscal, Edinburgh (2006) ScotHC HCJAC 70 — Appeal against against a finding acquitting the Y of three charges of assault on the ground that he was insane at the time of commission of the offences. [Summary required.]
| 2009-11-30 | 2006 cases, Criminal law, No summary, Scottish cases, Transcript |
| Wilkinson v Secretary of State for Scotland (1999) ScotCS 49 — Paedophilia alone did not justify detention, as it is a sexual deviancy; but on the facts there was a mental disorder. If there is a mental disorder that manifests itself in paedophile conduct, that can be within the definition of mental disorder. [MHLR.]
| 2009-11-01 | 1999 cases, No summary, Scottish cases, Transcript, Treatability test and psychopathic disorder |
| Robbins v Mitchell and MHTS (2007) ScotSC 19 — Unsuccessful challenge to MHTS decision. [Summary required.]
| 2009-11-01 | 2007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Ruddle v Secretary of State for Scotland (1999) ScotSC 24 — Whilst a structured hospital environment could amount to treatment, it did not on the facts, but was mere containment; and as an anti-social personality disorder was not on the facts alleviated or prevented from deterioration as a result of any treatment interventions, it was untreatable; and as there was no need for recall, an absolute discharge followed. [MHLR.]
| 2009-11-01 | 1999 cases, Brief summary, Other Tribunal cases, Scottish cases, Transcript |
| RM v Scottish Ministers (2008) CSOH 123 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. [Summary required.]
| 2009-11-01 | 2008 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Paterson v Kent (2006) ScotSC 48 — Successful appeal against MHTS decision. [Summary required.]
| 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| McGlynn v Mental Health Tribunal for Scotland (2006) ScotSC 18 — Successful appeal against MHTS decision. [Summary required.]
| 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Lothian Health Board v Martin and MHTS (2007) — Unsuccessful appeal against MHTS decision. [Summary required.]
| 2009-11-01 | 2007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Hughes v Mental Health Tribunal for Scotland (2006) ScotSC 56 — Funding for representation at MHTS. [Summary required.]
| 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Ferguson v State Hospital Management Committee (1999) ScotSC 10 — In considering discharge, it was not necessary to consider the hypothetical question of whether the sentencing court would impose a hospital order on the basis of present knowledge of the patient’s condition; the requirement of treatability in relation to a personality disorder was satisfied by the structured setting that made F more settled and stable and cognitive behavioural therapy and counselling. [MHLR.]
| 2009-11-01 | 1999 cases, Brief summary, Other Tribunal cases, Scottish cases, Transcript |
| Byrne v Mental Health Tribunal for Scotland (2006) ScotSC 29 — MHTS decision set aside. [Summary required.]
| 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Beattie v Dunbar (Mental Health Officer) (2006) ScotSC 108 — Challenge to MHTS decision to grant compulsory treatment order. [Summary required.]
| 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| AL v Mental Health Tribunal for Scotland (2007) ScotSC 44 — Successful challenge to MHTS decision. [Summary required.]
| 2009-10-24 | 2007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| AG v Mental Health Tribunal for Scotland (2006) ScotSC 113 — Challenge to MHTS decision not to adjourn. [Summary required.]
| 2009-10-24 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| KM v MHTS (2009) case B186/09 — (1) In granting a Community Treatment Order, the Mental Health Tribunal for Scotland misdirected itself in law, so its decision was set aside: in considering Regulation 5 (permitted conflicts of interest between the two recommending doctors) the Tribunal applied a subjective test of what was in the RMO's mind, rather than objectively considering whether "failure to carry out the [independent second] medical examination would result in delay which would involve serious risk to the health, safety or welfare of the patient or to the safety of other persons" (Reg 5(1)(b)). (2) No facts were found by the Tribunal which could have justified a CTO so, rather than remitting the case to the Tribunal, the application for a CTO was refused.
| 2009-08-31 | 2009 cases, Brief summary, Reasons, Scottish cases, Transcript |
| Scottish Ministers v MHTS, re MM (2009) CSIH 66 — (1) Tribunal decision set aside for want of adequate reasons. (2) Discussion on interpretation of s193 Mental Health (Care and Treatment) (Scotland) Act 2003, the convoluted Tribunal discharge procedure and criteria which differ from the admission criteria.
| 2009-07-29 | 2009 cases, Brief summary, Scottish cases, Transcript |
| Scottish Ministers v MHTS, re NG and PF (2009) CSIH 33 — The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.
| 2009-06-14 | 2009 cases, Brief summary, Powers, Scottish cases, Transcript |
| M v Murray (Mental Health Officer) (2009) ScotSC 8 — The appellant patient argued that the mental health officer's application to the Mental Health Tribunal for Scotland was misconceived because the second medical report which accompanied the application did not meet the requirements of the Mental Health (Care and Treatment) (Scotland) Act 2003; taken as a whole and in the circumstances (that the application is made in the interests of the patient and the Tribunal also hear oral evidence) the report did meet the requirements.
| 2009-04-26 | 2009 cases, Brief summary, Scottish cases, Transcript |
| Scottish Ministers v MHTS, re JK (2009) CSIH 9 — The Mental Health Tribunal for Scotland, in terminating a restiction order of a detained patient, had erred in law: (1) The threshold requirements in section 193(2) (that the patient has a mental disorder and that it is necessary for the patient to be detained in order to protect any other person from serious harm) must be considered and found wanting before considering the rest of the section including, under s193(5), whether to terminate the restriction order; (2) the criteria in s193(5)(b) (that the serious harm test is satisfied and that the restriction order is a continuing necessity) are disjunctive and must be separately considered. Obiter, there was a failure to deal with large parts of the evidence, in particular the RMO's evidence that the serious risk test was met.
| 2009-02-20 | 2009 cases, Brief summary, Reasons, Scottish cases, 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 |