The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
| Page and summary | Date added to site | Categories |
| A v UK 25599/94 (1998) ECHR 85 — A had been beaten by his step-father more than once with a garden cane, treatment which, on the facts, reached the level of severity prohibited by Article 3; in English law reasonable chastisement is a defence to assault, and a jury acquitted the step-father on this basis; the UK had failed in its positive obligation to provide protection from breaches of Article 3.
| 2008-12-30 | 1998 cases, Brief summary, ECHR, 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 (Johnson) v London Borough of Havering; R (YL) v Birmingham City Council (2007) EWCA Civ 26 — A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
| 2008-12-28 | 2007 cases, Community care, No summary, Transcript |
| R (Johnson) v London Borough of Havering (2006) EWHC 1714 (Admin) — A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.
| 2008-12-28 | 2006 cases, Community care, No summary, Transcript |
| Gray v Thames Trains Ltd (2007) EWHC 1558 (QB) — The principle of ex turpa causa prevented the claimant from recovering damages after the commission of manslaughter.
| 2008-12-28 | 2007 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 (appeal allowed)
| 2008-12-28 | 2008 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, Miscellaneous, No summary, Transcript |
| Salford City Council v GJ, re GJ NJ and BJ (Incapacitated Adults) (2008) EWHC 1097 (Fam) — The appropriate safeguards to be put in place when the court authorises the placement of an incapacitated adult in circumstances engaging Article 5 of the Convention.
| 2008-12-28 | 2008 cases, Capacity, No summary, Transcript |
| R (F and Thompson) v SSHD (2008) EWHC 3170 (QB) — The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review in the case of young offenders; there is no entitlement to have determined the question of whether the notification requirement continues to serve a legitimate purpose.
| 2008-12-22 | 2008 cases, Brief summary, Criminal law, Transcript |
| R v Moyle (2008) EWCA Crim 3059 — Conviction for murder quashed and substituted with a conviction for manslaughter on the ground of diminished responsibility and restricted hospital order
| 2008-12-21 | 2008 cases, Brief summary, Criminal law, 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 |
| R (TF) v SSJ (2008) EWCA Civ 1457 — (1) Having found that the transfer direction under s47 was unlawful the judge erred by exercising her discretion to refuse relief. (2) A decision to transfer a prisoner to hospital at the end of his sentence deprives him of his liberty and engages Article 5, thus heightening the scrutiny as to the evidence the MoJ and court must apply, and putting the onus on the MoJ to show that the decision maker focused on each of the criteria; applying this scrutiny it would have been very difficult for the MoJ decision maker to be satisfied that the two reporting doctors had applied their minds to treatability, and it appeared that the decision maker herself had not applied her mind to that question; the decision was therefore unlawful.
| 2008-12-18 | 2008 cases, Brief summary, Deprivation of liberty, Transcript |
| 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 (Cooke) v DPP (2008) EWHC 2703 (Admin) — It would be wrong to make an ASBO against a person who by reason of mental ill health would not have the capacity to understand or comply with the order; however, the fact that a person would be likely to breach an order because he suffers from a personality disorder is not, of itself, a good reason for not making the order.
| 2008-12-10 | 2008 cases, Brief summary, Criminal law, 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 |
| St Helens Borough Council v Manchester PCT, re PE (2007) EWHC 2391 (Admin) — The decision of the funding panel that PE was not eligible for fully funded NHS care was not arguably flawed on public law grounds.
| 2008-12-08 | 2007 cases, Brief summary, Community care, Permission hearings, Transcript |
| R v Warwick (2008) NICC 42 — As the Mental Health (Northern Ireland) Order 1986 does not allow detention for personality disorder, the risks in this case could only be addressed by the imposition of a discretionary life sentence (which would be followed by a transfer to Carstairs).
| 2008-12-06 | 2008 cases, Brief summary, Criminal law, Northern Ireland, 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 |
| AG's reference (no 127 of 2006) sub nom R v H (2007) EWCA Crim 53 — The 14-year-old offender, who had an Adjustment Disorder, committed a savage murder to avoid his intended homosexual abuse of the 11-year-old victim being exposed. The judge concluded that the aggravating and mitigating features of the case cancelled each other out, and that the minimum term would remain at the starting point (for under-18 offenders) of 12 years. A minimum term of 15 years was substituted, having been reduced from 18 years due to the guilty plea.
| 2008-11-29 | 2007 cases, Brief summary, Criminal law, Transcript |
| R (TB) v The Combined Court at Stafford (2006) EWHC 1645 (Admin) — TB was the main prosecution witness in the trial of the man who had sexually abused her. In order to undermine her credibility, the defence applied for a witness summons to obtain her psychiatric medical records. There was no procedural requirement for TB to be given notice of the application. The Crown Court issued a summons to that effect. Article 8 had been breached in that TB should have been given notice of the application and given the opportunity to make representations; it was not sufficient for the court to delegate her representation to the NHS Trust alone.
| 2008-11-29 | 2006 cases, Criminal law, No 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, Capacity, Detailed summary, Transcript |
| IH v UK 17111/04 (2005) — The delay following the deferred conditional discharge decision did not breach Article 5(1), since if no psychiatric supervision could be found then continued detention was the only option, Johnson v UK 22520/93 (1997) ECHR 88 distinguished; the House of Lords had been right in concluding that the Tribunal's inability to reconsider the case in light of the inability to achieve the conditions disclosed a breach of Article 5(4); however, since the domestic court had acknowledged the breach, IH was no longer a "victim" of a violation of Article 5(4); therefore no issues arose under Article 5(5) and, in any event, there is no absolute right to compensation, and the Lords' decision not to award damages was not arbitrary or unreasonable. The application was inadmissible.
| 2008-11-29 | 2005 cases, Brief summary, Deprivation of liberty, ECHR, 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.
| 2008-11-28 | 2008 cases, Deprivation of liberty, Detailed summary, Transcript |
| Morley v UK 16084/03 (2004) — The return of a prisoner from hospital to prison did not breach Articles 5, 8 or 13; the application was inadmissible
| 2008-11-28 | 2004 cases, Deprivation of liberty, ECHR, No summary, Transcript |
| Morsink v The Netherlands 48865/99 (2004) ECHR 197 — Transfer from prison to a clinic was delayed for over 15 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded.
| 2008-11-28 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Brand v The Netherlands 49902/99 (2004) ECHR 196 — Transfer from prison to a clinic was delayed for 14 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded.
| 2008-11-28 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Edwards v UK 46477/99 (2002) ECHR 303 — Christopher Edwards was killed by a prison cellmate, Richard Linford; both suffered from schizophrenia. (1) The duty under Article 2 to protect life could extend to taking preventive operational measures to protect an individual against criminal acts of another, where the authorities knew (or ought to have known) of a real and immediate risk to the life of an identified individual. Information was available identifying Linford as posing such a risk. The failure to pass on this information, and the inadequate screening of Linford, amounted to a breach of Article 2. (2) No inquest was held, and the trial did not involve witness evidence. The private inquiry which was held (a) had no power to compel witnesses, and (b) was held in private, with the parents unable to participate to the extent necessary to safeguard their interests: Article 2 was breached in this respect. (3) There was no appropriate domestic means of determining whether the authorities failed to protect the right to ..→ | 2008-11-27 | 2002 cases, Brief summary, ECHR, Transcript |
| Rutten v The Netherlands 32605/96 (2001) ECHR 482 — The decision to renew the patient's confinement order was taken after the order had expired, but under domestic law there was nothing requiring release in these circumstances; under Convention law the detention was not arbitrary, being based on a court order and expert evidence, so there was no violation of Article 5(1); however, the lawfulness of detention was not decided speedily, so there was a violation of Article 4(4); this finding constituted just satisfaction.
| 2008-11-27 | 2001 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Bensaid v UK 44599/98 (2001) ECHR 82 — The deportation to Algeria of a patient suffering from schizophrenia did not breach Articles 3, 8 or 13.
| 2008-11-27 | 2001 cases, Deportation, ECHR, No summary, 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, Transcript |
| DN v Switzerland 27154/95 (2001) ECHR 235 — The psychiatrist who sat as judge rapporteur on the Administrative Appeals Commission had, before the hearing, concluded that the patient should not be released; the patient had legitimate fears that the doctor had a preconceived opinion and was not acting impartially; this was reinforced because he was sole the psychiatric expert and the only person who had interviewed her; Article 5(4) having been breached, damages and costs were awarded
| 2008-11-27 | 2001 cases, Bias, Brief summary, ECHR, Transcript |
| R (N) v Coventry City Council (2008) EWHC 2786 (Admin) — This case concerns the assessment by Coventry City Council of the claimant's needs under section 47 of the National Health Service and Community Care Act 1990 and its decision to refuse him support under section 21 of the National Assistance Act 1948. It turns, in particular, on the meaning of "care and attention" in section 21, as interpreted by the House of Lords recently, and the ambit of Article 3 ECHR in the context of community care legislation. (para 1)
| 2008-11-25 | 2008 cases, Community care, No summary, Transcript |
| RD v SSWP (2008) EWHC 2635 (Admin) — Post-tariff lifers who have been transferred to hospital are not entitled to receive Income Support.
| 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 |
| Stec v UK 65731/01 (2005) ECHR 924 — Admissibility decision. State benefits, Article 1 of Protocol No 1 & Article 14.
| 2008-11-24 | 2005 cases, ECHR, 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 |
| Renolde v France 5608/05 (2008) ECHR 1085 — The authorities failed to comply with their positive obligation to protect the detainee's right to life, in violation of Article 2, partly because they did not monitor his compliance with anti-psychotic medication. A penalty of 45 days' detention in a punishment cell breached Article 3 (inhuman and degrading treatment and punishment).
| 2008-11-06 | 2008 cases, Brief summary, ECHR, 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 (M) v Homerton University Hospital NHS Trust (2008) EWCA Civ 197 — The patient, whose s2 had been extended during s29 displacement proceedings, was detained under s3 following an interim displacement order but before any final determination. Detention under s2 and s3 could run concurrently in these circumstances and it was not arguable that the s3 detention was unlawful. No permission to apply for judicial review.
| 2008-10-31 | 2008 cases, Brief summary, Displacement, Permission hearings, Transcript |
| MH v UK 11577/06 (2008) ECHR 181 — Statement of facts and question to the parties. The question to the parties is: "Do the facts of the case disclose a breach of Article 5 § 4 of the Convention: (a) in relation to the failure to provide an automatic referral to a court when a patient is detained under section 2 of the Mental Health Act 1983 and when that patient lacks the capacity to take proceedings; and (b) when that detention is prolonged under section 29(4) of the same Act?"
| 2008-10-31 | 2008 cases, Brief summary, Displacement, ECHR, 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 |
| R (B) v South Region MHRT (2008) EWHC 2356 (Admin) — Unsuccessful challenge to Tribunal's decision not to discharge from Broadmoor hospital.
| 2008-10-23 | 2008 cases, Bias, No summary, Reasons, Transcript |
| Munjaz v UK 32913/06 (2008) ECHR 215 — Statement of facts and questions lodged with the court.
| 2008-10-23 | 2008 cases, ECHR, 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 |
| 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, No summary, Transcript |
| R (Anderson) v HM Coroner for Inner North Greater London (2004) EWHC 2729 (Admin) — Unlawful killing verdict relating to restraint while subject to s136 MHA 1983 quashed.
| 2008-10-15 | 2004 cases, Miscellaneous, No summary, Transcript |
| London Borough of Newham v BS (2003) EWHC 1909 (Fam) — High Court exercising inherent jurisdiction to determine the best interests of mentally impaired adult.
| 2008-10-15 | 2003 cases, Capacity, No summary, Transcript |
| Re F (Adult Patient: Court's Jurisdiction) (2000) EWCA Civ 192 — Hight Court had power to grant declarations to protect vulnerable adult who lacked capacity from abuse.
| 2008-10-15 | 2000 cases, Capacity, No summary, Transcript |
| R (Stevens) v Plymouth City Council, re C (2002) EWCA Civ 388 — Confidentiality.
| 2008-10-15 | 2002 cases, No summary, Other NR cases, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1667 — Disclosure of documents.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1728 — Remission back to prison under s50.
| 2008-10-15 | 2002 cases, Criminal law, No summary, Transcript |
| Shtukaturov v Russia 44009/05 (2008) ECHR 223 — Incapacity proceedings and detention breached ECHR Articles 5, 6, and 8.
| 2008-10-13 | 2008 cases, Deprivation of liberty, ECHR, No 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 |
| Re SK (2007) EWHC 3289 (Fam) — Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.
| 2008-10-06 | 2007 cases, Brief summary, Capacity, Transcript |
| A Local Authority v E (2007) EWHC 2396 (Fam) — Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.
| 2008-10-06 | 2007 cases, Brief summary, Capacity, Transcript |
| LLBC v TG (2007) EWHC 2640 (Fam) — Best interests case.
| 2008-10-06 | 2007 cases, Capacity, Detailed summary, 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.
| 2008-09-25 | 2006 cases, Capacity, Detailed summary, 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 v Paul Martin (1998) EWCA Crim 3166 — The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed.
| 2008-09-22 | 1998 cases, Brief summary, Criminal law, Transcript |
| R v Antoine (1999) EWCA Crim 1171 — Post-judgment discussion.
| 2008-09-22 | 1999 cases, Criminal law, No summary, Transcript |
| R v Antoine (1999) EWCA Crim 1170 — Court of Appeal judgment.
| 2008-09-22 | 1999 cases, Criminal law, No summary, Transcript |
| R v Antoine (2000) UKHL 20 — "The issue which arises on this appeal is whether an accused person charged with murder is entitled to rely on the defence of diminished responsibility under section 2 of the Homicide Act 1957, when he has been found by a jury to be unfit to plead by reason of mental disability, and a jury proceeds under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (as substituted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991) to determine whether he did the act charged against him as the offence."
| 2008-09-22 | 2000 cases, Brief summary, Criminal law, 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 — PRISONS — Prisoners’ rights — Release on licence — Parole Board deciding whether convicted prisoners to be released on licence — Whether board sufficiently independent from executive — Human Rights Act 1998, Sch 1, Pt I, art 5(4). 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 |
| London Borough of Ealing v KS (2008) EWHC 636 (Fam) — Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.
| 2008-09-21 | 2008 cases, Brief summary, Capacity, Transcript |
| R (Chavda) v London Borough of Harrow (2007) EWHC 3064 (Admin) — The decision of the Defendant to restrict adult care services to people with critical needs only was unlawful, since the decision-making process did not comply with the Defendant's Disability Equality Duty under s49A Disability Discrimination Act 1995.
| 2008-09-21 | 2007 cases, Brief summary, Community care, Transcript |
| GD v Hospital Managers of Edgware Community Hospital CO/5733/2008 — Habeas corpus - inadequate consultation of nearest relative prior to detention under section 3.
| 2008-09-16 | 2008 cases, Brief summary, Consulting NR, 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 |
| BB v Cygnet Health Care (2008) EWHC 1259 (Admin) — Inadequate consultation with nearest relative.
| 2008-09-13 | 2008 cases, Brief summary, Consulting NR, 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, Capacity, Detailed summary, Transcript |
| RP v Nottingham City Council (2008) EWCA Civ 462 — Role of Official Solicitor considered.
| 2008-09-13 | 2008 cases, Capacity, No summary, Transcript |
| R v Diamond (2008) EWCA Crim 923 — Criminal appeal.
| 2008-09-13 | 2008 cases, Criminal law, No summary, 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 |
| 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, Transcript |
| X v An NHS Trust (2008) EWHC 986 (Admin) — Section 37.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| R (SSJ) v MHRT, re Rafiq (2008) EWHC 598 (Admin) — Tribunal reasons.
| 2008-09-13 | 2008 cases, No summary, Reasons, 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 (Juncal) v SSHD (2008) EWCA Civ 869 — Lawfulness of detention.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| R v Leslie Norman (2008) EWCA Crim 1810 — Criminal appeal.
| 2008-09-13 | 2008 cases, Criminal law, No summary, Transcript |
| Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case.
| 2008-09-13 | 2008 cases, Miscellaneous, No summary, Transcript |
| A Primary Care Trust v AH (2008) EWHC 1403 (Fam) — Reasons given for making an interim order under the Mental Capacity Act 2005 relating to a 22 year old adult male suffering from severe epilepsy.
| 2008-09-13 | 2008 cases, Brief summary, Capacity, 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 |
| Graham v East London and City MH NHS Trust (2004) EWCA Civ 690 — No evidence of unlawful intent to deprive applicant of her liberty; application refused.
| 2008-09-13 | 2004 cases, Brief summary, Transcript, Unimportant cases |
| R (Warren) v Oxfordshire MHRT (1997) EWCA Civ 1311 — Application for leave to move refused (applicant appeared in person; no arguable grounds).
| 2008-09-13 | 1997 cases, No summary, Transcript, Unimportant cases |
| R (Baptiste) v Anglia and Oxfordshire Regional MHRT (1997) EWHC Admin 858 — Hearing adjourned.
| 2008-09-13 | 1997 cases, No summary, Transcript, Unimportant cases |
| R (Kalibala) v MHRT (1996) EWHC Admin 201 — Application for leave to move for judicial review adjourned (applicant appeared in person; grounds appeared "scurrilous and vexatious")
| 2008-09-13 | 1996 cases, Brief summary, Transcript, Unimportant cases |
| Re MB (2005) EWCA Civ 1293 — No permission to appeal (Part VII case)
| 2008-09-13 | 2005 cases, No summary, Permission hearings, Transcript |
| R (Wirral Health Authority v MHRT (2001) EWCA Civ 1572 — Permission to appeal granted
| 2008-09-13 | 2001 cases, No summary, Permission hearings, Transcript |
| R (J) MHRT North London and East Region (2001) EWCA Civ 1705 — Permission to appeal granted
| 2008-09-13 | 2001 cases, No summary, Permission hearings, Transcript |
| R (SSHD) v MHRT, re Grey (2002) EWCA Civ 1053 — Permission to appeal refused (unexplained delay)
| 2008-09-13 | 2002 cases, No summary, Permission hearings, Transcript |
| R (W) v Doncaster Metropolitan Borough Council (2004) EWCA Civ 378 — After-care.
| 2008-09-13 | 2004 cases, After-care, No summary, Transcript |
| R (W) v Doncaster Metropolitan Borough Council (2003) EWHC 192 (Admin) — After-care.
| 2008-09-13 | 1999 cases, After-care, No summary, Transcript |
| R (B) v London Borough of Camden (2006) EWCA Civ 246 — Permission to appeal refused.
| 2008-09-13 | 2006 cases, After-care, No summary, Transcript |
| R (S) v Collins (1998) EWCA Civ 1349 — Challenge to compulsory treatment.
| 2008-09-13 | 1998 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1998) EWHC Admin 490 — Challenge to compulsory treatment.
| 2008-09-13 | 1998 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1997) EWCA Civ 2019 — Challenge to compulsory treatment.
| 2008-09-13 | 1997 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1997) EWHC Admin 280 — Case concerned a lady who needed a Caesarean being placed under s2.
| 2008-09-13 | 1997 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1997) EWHC Admin 156 — Transferred to judge experienced in JR.
| 2008-09-13 | 1997 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1998) UKHL 24 — Bournewood gap.
| 2008-09-13 | 1998 cases, Deprivation of liberty, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWCA Civ 2879 — Bournewood gap.
| 2008-09-13 | 1997 cases, Deprivation of liberty, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWHC Admin 850 — Bournewood gap.
| 2008-09-13 | 1997 cases, Deprivation of liberty, No summary, Transcript |
| R (Thompson) v SSHD (2003) EWHC 538 (Admin) — Home Office policy of always making restriction direction except in specified circumstances was lawful and applied lawfully in the claimant's case; no legitimate expectation arose from a civil servant's erroneous statement of the law.
| 2008-09-12 | 2003 cases, Criminal law, Detailed summary, Transcript |
| R (Bartram) v Southend Magistrates Court (2004) EWHC 2691 (Admin) — Section 37.
| 2008-09-12 | 2004 cases, Criminal law, No summary, Transcript |
| R v Lomey (2004) EWCA Crim 3014 — CCRC appeal against life sentence; unable now to substitute with s37/41 as no bed and MI no longer of nature or degree; substitution with absolute discharge not justified.
| 2008-09-12 | 2004 cases, Brief summary, Criminal law, Transcript |
| Narey v HM Customs and Excise (2005) EWHC 784 (Admin) — s5 CPIA 1964.
| 2008-09-12 | 2005 cases, Criminal law, No summary, Transcript |
| R v Golding (2006) EWCA Crim 1965 — Imposition of restriction order was justified on the facts.
| 2008-09-12 | 2006 cases, Criminal law, No 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, Capacity, Detailed summary, Transcript |
| Megyeri v Germany 13770/88 (1992) ECHR 49 — Importance of legal representation.
| 2008-09-12 | 1992 cases, ECHR, 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 |
| Kolanis v UK 517/02 (2005) ECHR 411 — Conditional discharge/Article 5.
| 2008-09-12 | 2005 cases, After-care, ECHR, No summary, Transcript |
| R (IR) v Dr Shetty (2003) EWHC 3152 (Admin) — Technical lifer status.
| 2008-09-12 | 2003 cases, Ministry of Justice, No summary, Transcript |
| R (RA) v SSHD (2002) EWHC 1618 (Admin) — Power to grant/refuse permission for leave after deferred conditional discharge.
| 2008-09-12 | 2002 cases, Ministry of Justice, No summary, Transcript |
| R (X) v SSHD (2000) EWCA Civ 311 — Home Office can repatriate using either Immigration Act 1971 or Mental Health Act 1983.
| 2008-09-12 | 2000 cases, Brief summary, Deportation, Ministry of Justice, Transcript |
| R (SSHD) v MHRT, re Ogden (2004) EWHC 650 (Admin) — HO not notified of hearing so decision to discharge quashed.
| 2008-09-12 | 2004 cases, Brief summary, Other MHRT cases, Transcript |
| R (Kelly) v MHRT Merseyside (1997) EWHC Admin 398 — Breach of rules of natural justice.
| 2008-09-12 | 1997 cases, No summary, Other MHRT cases, Transcript |
| R (S) v MHRT (2002) EWHC 2522 (Admin) — Medical member's role.
| 2008-09-12 | 2002 cases, Bias, No summary, Transcript |
| R (X) v MHRT (2003) EWHC 1272 (Admin) — Adjournment.
| 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (MP) v Nottingham Healthcare NHS Trust (2003) EWHC 1782 (Admin) — Tribunal powers with respect to restricted patients.
| 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (Demetri) v South West Thames MHRT (1997) EWHC Admin 622 — Reasons.
| 2008-09-12 | 2007 cases, No summary, Reasons, Transcript |
| R (Booth) v MHRT Merseyside (1997) EWHC Admin 816 — Unsuccessful reasons challenge.
| 2008-09-12 | 1997 cases, No summary, Reasons, Transcript |
| R (Manns) v London North and East MHRT (1999) EWHC 497 (Admin) — Unsuccessful reasons challenge.
| 2008-09-12 | 1999 cases, No summary, Reasons, Transcript |
| R (Hall) v MHRT (1999) EWHC Admin 351 — After-care/discharge conditions.
| 2008-09-12 | 1999 cases, After-care, Discharge conditions, No summary, Transcript |
| R (Hall) v MHRT (1999) EWCA Civ 2052 — Appeal allowed. Decision of Tribunal restored.
| 2008-09-12 | 1999 cases, After-care, Discharge conditions, No summary, Transcript |
| R (Evans) v Brockhill Prison (2000) UKHL 48 — False imprisonment.
| 2008-09-12 | 2000 cases, No summary, Prison law, Transcript |
| R (Evans) v Brockhill Prison (1998) EWCA Civ 1042 — False imprisonment.
| 2008-09-12 | 1998 cases, No summary, Prison law, Transcript |
| R (Evans) v Brockhill Prison (1997) EWHC Admin 544 — False imprisonment.
| 2008-09-12 | 1997 cases, No summary, Prison law, Transcript |
| R (Evans) v Brockhill Prison (1996) EWHC Admin 234 — False imprisonment.
| 2008-09-12 | 1996 cases, No summary, Prison law, Transcript |
| R (Page) v Secretary of State for Justice (2007) EWHC 2026 (Admin) — | 2008-09-12 | 2007 cases, No summary, Prison law, Transcript |
| London Borough of Barnet v Robin (1998) EWCA Civ 1630 — Unsuccessful appeal against s29 displacement order.
| 2008-09-11 | 1998 cases, Displacement, No summary, 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 |
| McGee, Re Judicial Review (2007) NICA 38 — The detention of the claimant under Article 7 of the Mental Health (NI) Order 1986 (similar to s5(2) MHA 1983) following a MHRT decision to discharge was lawful: (1) the authorities had formed the bona fide opinion that his mental state had since deteriorated; (2) Article 7 applied since the claimant had not divested himself of his in-patient status.
| 2008-02-23 | 2007 cases, Brief summary, Re-sectioning after hearing, Transcript |
| R v Francis (2008) NICA 6 — Both hospital orders to which the claimant was subject were quashed, on the basis that when sentenced he had not been suffering from severe mental impairment as defined in the Mental Health (Northern Ireland) Order 1986.
| 2008-02-23 | 2008 cases, Brief summary, Criminal law, 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, Brief summary, Miscellaneous, Transcript |
| Re PS (An Adult) (2007) EWHC 623 (Fam) — Under inherent jurisdiction the court made orders that (1) PS could lawfully be prevented from leaving residential care unit (2) a receiver would be appointed without the need for a separate application to the Court of Protection.
| 2008-02-23 | 2007 cases, Brief summary, Capacity, Transcript |
| R v Ukpabio (2007) EWCA Crim 2108 — The Youth Justice and Criminal Evidence Act 1999 provide the complete statutory scheme for providing evidence via video link, and the court had no jurisdiction to direct that a defendant's evidence be given by video link (NB the 1999 Act has since been amended); however, in exceptional circumstances, it might be appropriate for a defendant to participate by video link, but this did not apply in this case and the refusal of video link facilities did not cause any prejudice; the restriction order was appropriate.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, 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 |
| Decision of the Social Security Commissioner (2007) UKSSCSC CIS 3760 2006 — Refund of charges wrongfully made by social services authority for s117 residential after-care was not "arrears of income support", so was to be taken into acount as capital in determining the claimant's entitlement to benefit after the date of the payment; the claimant therefore lost her entitlement to income support.
| 2008-02-22 | 2007 cases, After-care, Brief summary, Transcript |
| R (Cawley) v Parole Board (2007) EWHC 2649 (Admin) — The portion of the delay in arranging a hearing which was attributable to the shortage of Parole Board members, a shortage not peculiar to this case, was unjustified under Article 5(4), but no order for damages would be made; the majority of the delay was the claimant's own fault.
| 2008-02-22 | 2007 cases, Brief summary, Prison law, Transcript |
| R v Simpson (2007) EWCA Crim 2666 — Discretionary life sentence with 6 year tariff quashed and substituted with s37/41 order.
| 2008-02-22 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Paula Staines (2006) EWCA Crim 15 — Court of Appeal refused to substitute s37/41 order for discretionary life sentence and s45A.
| 2008-02-22 | 2006 cases, Criminal law, No summary, Transcript |
| Trust A v H (An Adult Patient) (2006) EWHC 1230 (Fam) — H lacked capacity to decide about medical treatment for her gynaecological condition; it was in her best interests to receive that treatment; appropriate sedation and restraint for pre- and post-operative treatment was lawful.
| 2008-02-22 | 2006 cases, Brief summary, Capacity, 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 (B) v London Borough of Lambeth (2006) EWHC 2362 (Admin) — The council's decision to postpone an offer of re-housing until shortly before possession proceedings which it had instituted was putting off the inevitable and amounted to a breach of s117.
| 2008-02-22 | 2006 cases, After-care, Brief summary, Transcript |
| Beatty v R (2006) EWCA Crim 2349 — Technical lifer's sentence quashed and substituted with s37/41
| 2008-02-22 | 2006 cases, Criminal law, No summary, Transcript |
| CPS v P (2007) EWHC 946 (Admin) — (1) The fact that a court of 'higher authority' has previously held that a person is unfit to plead does not make it an abuse of process to try that person for subsequent criminal acts. The issue of the child's ability to participate effectively must be decided afresh. (2) Where the court decides to proceed to decide whether the person did the acts alleged, the proceedings are not a criminal trial (3) The court may consider whether to proceed to decide the facts at any stage. It may decide to do so before hearing any evidence or it may stop the criminal procedure and switch to the fact-finding procedure at any stage (4) The DJ should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping P's situation under constant review. (5) If the court proceeds with fact-finding only, the fact that the defend |