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 |
| Key v Key (2010) EWHC 408 (Ch) — Successful challenge to will on the grounds of want of testamentary capacity and want of knowledge and approval.
| 2010-03-06 | 2010 cases, Brief summary, Other capacity cases, Transcript |
| R (Pounder) v HM Coroner for North and South Districts of Durham and Darlington (2010) EWHC 328 (Admin) — Inquiry into Adam Rickwood's death in custody. Bias. [Summary required.]
| 2010-03-02 | 2010 cases, Inquests, No summary, Transcript |
| Juncal v UK 32357/09 (2010) ECHR 249 — Lawfulness of detention. Statement of facts and questions to the parties lodged at court.
| 2010-03-02 | 2010 cases, Criminal law, Deprivation of liberty, No summary, Transcript |
| R (Gill) v SSJ (2010) EWHC 364 (Admin) — The Defendant's failure to offer the Claimant, who was a short-tariff lifer with learning disability, sufficient suitable offending behaviour work to give him the opportunity to demonstrate safety for release, unlawfully breached the Disability Discrimination Act 1995 and breached his public law duties.
| 2010-03-02 | 2010 cases, Brief summary, Disability discrimination, Prison law, Transcript |
| Barber v LB Croydon (2010) EWCA Civ 51 — (1) The council's decision to seek an immediate order for possession, following an assault which was almost certainly linked with the claimant's learning difficulties and a personality disorder, without applying the Council's policy on vulnerable people, was Wednesbury unreasonable. (2) The DDA aspect of the appeal was unsuccessful: the question was not whether he was treated less favourably than a person without his disabilities but whether he should have been treated differently precisely because he has such disabilities and because they were a significant contributory factor to his behaviour that day.
| 2010-02-18 | 2010 cases, Brief summary, Disability discrimination, Transcript |
| RH v South London and Maudsley NHS Foundation Trust (2010) UKUT 32 (AAC) — (1) The Tribunal's reasons for refusing to grant the absolute discharge of a conditionally-discharged patient, against the unanimous evidence of the treating team and an independent psychiatrist, were adequate. (2) The Tribunal disagreed not with the witness's assessments but with their conclusions as to whether the restriction order should cease to have effect: that was the kind of judgment for which it is difficult to give reasons beyond those required to show that the tribunal has directed itself correctly as to the law and to show to what matters the tribunal has had regard. (3) The extensive references to the SC case were enough to show that the Tribunal had the correct legal test in mind. (4) The restrictions can continue in the absence of any mental disorder, and risk from possible future disorder is relevant, so the criteria here are very different from those for discharge of a CTO: in the latter a focus on the short-term position might be appropriate, whereas the Tribunal ..→ | 2010-02-18 | 2010 cases, Brief summary, Reasons, Transcript |
| R (Degainis) v SSJ (2010) EWHC 137 (Admin) — In relation to a 7-month delay in holding a Parole Board hearing, the SSJ admitted breach of Article 5(4) and apologised, but the claimant sought damages under Article 5(5). (1) Article 5(5) (which gives an "enforceable right to compensation") and s8 HRA 1998 (which limits the power to award damages) are not inconsistent because compensation in Article 5(5) is not limited to money. (2) The first of two grounds for the claim was that the delay increased the length of detention: because of the number of imponderables in the case it was impossible to conclude this. (3) The second ground was based on an inference that frustration and anxiety had been caused: the judge was not prepared to infer, in the absence of specific evidence, a level of frustration of distress sufficient to warrant an award of damages. (4) In general, as to whether or not to award damages, the length of the delay, the effect of the delay, and the impact on the claimant are relevant factors; the seriousness ..→ | 2010-02-05 | 2010 cases, Deprivation of liberty, Detailed summary, Transcript, Tribunal delay |
| R (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 |
| R (DK) v SSJ (2010) EWHC 82 (Admin) — DK's s47 transfer was based on the report of a doctor and a psychologist which dealt with the treatability of his psychopathic disorder, and three proforma reports from doctors which did not deal with treatability. As treatability was not addressed, with reasons, by two medical practitioners, the transfer decision was quashed. [Caution: decided before 2007 Act amendments.]
| 2010-01-20 | 2010 cases, Brief summary, Deprivation of liberty, Transcript |
| SSNI, Re Judicial Review (Oswald Brown) (2006) NIQB 94 — It was lawful for the hunger-striking prisoner, who lacked capacity, to be given nutrition.
| 2010-01-12 | 2006 cases, Best interests, Brief summary, Northern Irish cases, Transcript |
| R (Southall) v Dudley PCT (2009) EWHC 1780 (Admin) — The defendant elected to go to a more expensive home for a continuing care package than the one that the PCT offered. The PCT entered into a contract with the care home operator at the lower rate, which would have been appropriate for the other care home on the same overall site, and the patient funded the difference. The patient then challenged the legality of this top up. The Court found that the PCT's refusal to pay in full for the claimant's continuing care package at the more expensive home was reasonable, and that the arrangement was lawful. There was no breach of article 8 in the patient having to choose between making a payment of top-up fees or having to move to the less expensive care home. The claim for Judicial Review was therefore dismissed.
| 2009-12-23 | 2009 cases, Brief summary, Community care, Transcript |
| R (Johnson) v SSJ (2009) EWHC 3336 (Admin) — The Secretary of State's decision that the next Parole Board review would occur 14-15 months after the last review was unsupported by any reason and, on the facts, inconsistent with Article 5(4).
| 2009-12-23 | 2009 cases, Brief summary, Prison law, Transcript |
| R (P) v HM Coroner for the District of Avon (2009) EWCA Civ 1367 — In this inquest to which Article 2 applied (suicide in prison) the Deputy Coroner misdirected the jury because she did not properly explain to them that, if they returned a verdict of suicide or accident, they could also append a narrative about the circumstances of the accident. However, in the circumstances, the verdict was not quashed.
| 2009-12-23 | 2009 cases, Brief summary, Inquests, Transcript |
| R (Manchester City Council) v St Helens Borough Council (2009) EWCA Civ 1348 — PE had voluntarily moved from St Helens to Manchester and, following the Secretary of State's decision that she was now ordinarily resident there, St Helens decided to stop funding her community care services. (1) Under s29 National Assistance Act 1948 a local authority is under a duty to provide services to those ordinarily resident in its area. (2) St Helens had a power to pay but the exercise of this power did not give rise to a duty or negate Manchester's duty, or give rise to any legitimate expectation.
| 2009-12-23 | 2009 cases, Brief summary, Community care, Transcript |
| R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire (2009) EWCA Civ 1403 — A coroner is not obliged to leave to the jury a fact or circumstance which could have caused or contributed to the death but cannot be shown probably to have done so.
| 2009-12-23 | 2009 cases, Brief summary, Inquests, Transcript |
| R (Stojak) v Sheffield City Council (2009) EWHC 3412 (Admin) — Extension of time refused for JR application relating to charging for residential after-care services.
| 2009-12-23 | 2009 cases, After-care, Brief summary, Transcript |
| Salford City Council v BJ (2009) EWHC 3310 (Fam) — Following a final hearing concerning deprivation of liberty the previous year, the judge now had to determine: (a) the nature and timing of future reviews by the court, (b) the nature and timing of future internal reviews by the local authority, and (c) whether the proceedings should now be transferred to the Court of Protection.
| 2009-12-17 | 2009 cases, Brief summary, Other capacity cases, Transcript |
| Re Clarke (2009) COP 18/11/09 — The donor appointed three attorneys, A (his wife), B, and C, to be his attorneys. They were appointed to act jointly in some matters and jointly and severally in others. He then stated that the attorneys were to act together for transactions not exceeding £5,000 "but together in respect of all other decisions subject to my wife A's opinion prevailing in the event that my attorneys are not unanimous in any decision involving property or expenditure exceeding £5,000". On the application of the Public Guardian, the words "subject to my wife A's opinion" onwards were severed on the ground that they purported to facilitate one of the three attorneys being able to act independently in relation to matters that had been specified as subject to the joint decision of the attorneys. [OPG summary.]
| 2009-12-16 | 2009 cases, Brief summary, LPA cases, Transcript |
| Re Kittle (2009) COP 1/12/09 — Regulation 8(3) of the LPA, EPA and PG Regulations 2007 sets out categories of persons who cannot act as certificate provider. Included in the list is "a family member" of the donor or of the attorney (or of the owner, director, manager or employee of any care home in which the donor is living when the instrument is executed). In this case the certificate provider was the donor's first cousin. The Public Guardian declined to register the instrument on the ground that a first cousin was a family member of the donor. The court ruled that a first cousin is not a family member, and so the LPA was valid. [OPG summary.]
| 2009-12-16 | 2009 cases, Brief summary, LPA cases, Transcript |
| R (Domb) v London Borough of Hammersmith and Fulham (2009) EWCA Civ 941 — The council's decision to make charges for non-residential home care services provided pursuant to the Health and Social Services and Social Security Adjudications Act 1983 was challenged (unsuccessfully) on the basis that the council did not have "due regard" to its general equality duties.
| 2009-12-14 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| Chief Constable of Lincolnshire Police v Caston (2009) EWCA Civ 1298 — The employment judge had permitted an out-of-time DDA claim to proceed; he was entitled to exercise his discretion (on whether, in all the circumstances of the case, he considered that it was just and equitable to do so) as he did.
| 2009-12-14 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| R (Miller) v Independent Assessor (2009) EWCA Civ 609 — The Independent Assessor must have erred in law by failing to make proper use of the civil law awards, because without much explanation he arrived at an award which is irrationally low (namely £55,000 for over 4 years' detention following wrongful conviction for murder).
| 2009-12-09 | 2009 cases, Deprivation of liberty, Detailed summary, Transcript |
| 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 |
| C v Clinical Director of St Patricks Hospital (2009) IEHC 13 — This is an application on behalf of the applicant for a declaration that the applicant is unlawfully detained by the first respondent contrary to Article 40.4 of the Constitution. The essence of the applicant’s case is that prior to her arrival at the respondent’s hospital, she was initially detained by the gardaí and unlawfully removed to the hospital by them. The applicant argues that this alleged unlawful detention by the gardaí, has tainted the subsequent detention by the respondents even though, by and large, apart from this initial reception the respondents have meticulously followed the proper procedures for dealing with such persons as set out in the legislation and the Mental Health Act 2001 in particular. [Summary required.]
| 2009-12-09 | 2009 cases, Deprivation of liberty, 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 |
| R (Cart) v Upper Tribunal (2009) EWHC 3052 (Admin) — (1) Decisions of inferior courts are subject to judicial review for exceeding their jurisdiction. Excess of jurisdiction can mean either the court (a) embarks on a case beyond its statutory remit, or (b) makes a legal mistake. (2) Judicial review of the Upper Tribunal is not ousted by s3 TCEA 2007. (3) The UT is, for the relevant purposes, an alter ego of the High Court, and it would never be right to exercise the JR jurisdiction on the ground that it had made a legal mistake. (4) Decisions of the UT are only amenable to JR for excess of jurisdiction or where there is a wholly exceptional collapse of fair procedure (something as gross as actual bias). (5) Consideration was also given to the status of SIAC decisions.
| 2009-12-07 | 2009 cases, Brief summary, Other Tribunal cases, 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 |
| Anam v SSHD (2009) EWHC 2496 (Admin) — It is the Secretary of State's policy not to detain mentally ill persons pending deportation, save in "very exceptional circumstances". The claimant was entitled to a declaration that the SoS had unlawfully failed to consider the implications of his policy; however, the detention was not in breach of the policy, and continued detention was lawful.
| 2009-12-04 | 2009 cases, Brief summary, Deportation, 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 |
| Hurst v UK 42577/07 (2009) ECHR 1988 — Statement of facts and questions lodged with the court (case relates to Article 2-compliant inquests).
| 2009-12-04 | 2009 cases, Brief summary, ECHR, Inquests, Transcript |
| R (Hurst) v Commissioner of Police of the Metropolis (2007) UKHL 13 — No need to hold Article 2-compliant inquest when death occurred before implementation of Human Rights Act 1998.
| 2009-12-04 | 2007 cases, Brief summary, Inquests, 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 |
| Halilovic v Bosnia and Herzegovina 23968/05 (2009) ECHR 1933 — (1) The appellant's detention for 4 years 5 months was pursuant to an administrative decision, as opposed to a decision of the competent civil court as required by the amended domestic legislation, and so breached Article 5(1); compensation of €22,500 was awarded. (2) The Article 3 claim relating to conditions of detention failed.
| 2009-12-04 | 2009 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| 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 |
| C v Sevenoaks Youth Court (2009) EWHC 3088 (Admin) — (1) When trying a young child, and most particularly a child such as C who is only 12 with learning and behavioural difficulties, notwithstanding the absence of any express statutory power, the Youth Court has a duty under its inherent powers and under the Criminal Procedure Rules to take such steps as are necessary to ensure that he has a fair trial, not just during the proceedings, but beforehand as he and his lawyers prepare for trial; in this case, C required an intermediary. (2) As the MoJ had voluntarily accepted responsibility for the payment of intermediaries, the LSC decision not to provide funding was lawful. (3) The CPS decision to continue with the trial was lawful.
| 2009-11-30 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Turner) v Southampton City Council (2009) EWCA Civ 1290 — Unsuccessful challenge to the closure of care homes on Article 2 grounds: the test of a "real and immediate risk" is one that is not readily satisfied, in other words the threshold is high; the evidence in this case fell far short of the threshold. Interesting post-script to judgment, critical of solicitor and her repeated similar claims.
| 2009-11-27 | 2009 cases, Brief summary, Community care, Transcript |
| R v Hurst (2007) EWCA Crim 3436 — The restriction order was set aside as: (1) there was insufficient evidence that it was necessary for the protection of the public from serious harm; (2) the judge did not explain why he had rejected the medical evidence, which was against the imposition of a restriction order.
| 2009-11-24 | 2007 cases, Brief summary, Criminal law, Transcript |
| GJ v The Foundation Trust (2009) EWHC 2972 (Fam) — [Draft summary.] (1) As between the MHA 1983 and the MCA 2005 Deprivation of Liberty Safeguards, the MHA has primacy: professionals cannot pick and choose as they think fit. (2) In deciding whether P is within the scope of the MHA, the eligibility assessor must ask whether, in his own opinion, P could be detained under the MHA. (3) With respect to objections, what matters is whether P objects generally to what is proposed. (4) The correct overall approach for the eligibility assessor is to (a) look at the reality of the situation, rather than the words of the authorisation, (b) separate the mental treatment from the purely physical treatment, and (c) apply a "but for" test, i.e. whether, but for the physical treatment, P should be detained (and whether the only effective reason for detention is physical treatment); if "no" (and "yes", respectively) then P isn't ineligible for DOLS. (5) On the facts, but for his diabetes, P would not have been detainable, so he was not ..→ | 2009-11-24 | 2009 cases, No summary, Other capacity cases, Transcript |
| R v Charisma (2009) EWCA Crim 2345 — The appellant argued that his mental condition had made it undesirable for him to have given evidence, so no direction under s35 Criminal Justice and Public Order Act 1994 (adverse inference from failure to give evidence) should have been given; he was unsuccessful.
| 2009-11-20 | 2009 cases, Brief summary, Criminal law, 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 v Evans (2009) EWCA Crim 2243 — Unsuccessful appeal, which had been on the basis that (1) his guilty plea was based on wrong advice, and (2) memories recovered since his plea would have provided a defence based on (a) provocation or (b) diminished responsibility.
| 2009-11-16 | 2009 cases, Brief summary, Criminal law, Transcript |
| Re RB (A Child) (2009) EWHC 3269 (Fam) — Transcript of judge's sentencing remarks, endorsing the parties' agreement that administration of a large dose of sedative, the removal of the ventilation tube and consequent death (rather than discharge from hospital on home ventilation after a tracheostomy) were in the baby's best interests.
| 2009-11-16 | 2009 cases, Best interests, Brief summary, Transcript |
| Independent News and Media Ltd v A (2009) EWHC 2858 (Fam) — The media sought, not that the CoP hearing be public, but that they be authorised to attend the hearing and be subject to reporting restrictions. CoP proceedings are excluded from the general 'open justice principle' so the media's Article 10 rights are not automatically engaged, and the court must rather adopt a two-stage approach: (1) Whether a 'good reason' (a gatekeeping test from the Rules, the standard for which is not high) for making the order can be established; (2) If there is a 'good reason', a balancing test must be applied to P's Article 8 rights and the media's Article 10 rights. On the facts: (1) There was a 'good reason' as (a) the issues were already in the public domain, (b) the court's powers can preserve privacy, and (c) it is the public interest to understand how the court operates; (2) The media would be allowed to attend, as the concerns for privacy and publicity could both be met by permitting some reporting but requiring the media to demonstrate what ..→ | 2009-11-12 | 2009 cases, Brief summary, Other capacity cases, Transcript |
| DCC v KH (2009) COP 11729380 — (1) A DOLS standard authorisation was sufficient to return P on the long journey from contact sessions to the residential accommodation: the Code of Practice paragraphs saying that conveyance may require a court order only apply where no SA is in place. (2) It was inappropriate to seek an anticipatory declaration for the use of force, as MCA 2005 s5 and s6 permitted restraint. (3) The interim residence order should be enough to persuade the police to facilitate P's return.
| 2009-11-12 | 2009 cases, Best interests, Brief summary, Transcript |
| Baker v H (2009) EWHC B31 (Fam) — (1) The judgment sets out a structured general approach to considering the setting of security and its interplay with the terms of appointment of a deputy; (2) On the facts, the level of security was reduced from £750k to £175k.
| 2009-11-09 | 2009 cases, Brief summary, Other capacity cases, Transcript |
| EBR Attridge Law LLP v Coleman (2009) UKEAT 0071/09 — The Disability Discrimination Act 1995 should be interpreted so as to prohibit discrimination against employees who, although not themselves disabled, were treated less favourably or harassed on the ground of their association with a person who was disabled.
| 2009-11-09 | 2009 cases, Detailed summary, Disability discrimination, Transcript |
| R v Singleton (2008) EWCA Crim 468 — Sentence of 5 years' imprisonment replaced by 3-year community order with residence, supervision and mental health treatment requirements.
| 2009-11-03 | 2008 cases, Brief summary, Criminal law, Transcript |
| R (Nottingham Healthcare NHS Trust) v MHRT (Northern Region), Re GK (2008) EWHC 2445 (Admin) — The Tribunal's decision that GK did not suffer from any mental illness and should be discharged from Rampton, which was contrary to all the medical evidence including the independent psychiatrist's, was inadequately reasoned.
| 2009-11-03 | 2008 cases, Brief summary, Reasons, 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 |
| South West London and St George's Mental Health NHS Trust v W (2002) EWHC 1770 (Admin) — Lawfulness of transfer from prison to hospital (treatability). [Summary required.]
| 2009-11-01 | 2002 cases, No summary, Transcript, Treatability test and psychopathic disorder |
| R v Cornelius (Alan) (2002) EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal. [Summary required.]
| 2009-11-01 | 2002 cases, Criminal law, No summary, Transcript |
| R v Czarnota (Michael) (2002) EWCA Crim 785 — Restriction order quashed on appeal. [Summary required.]
| 2009-11-01 | 2002 cases, Criminal law, No summary, Transcript |
| R (SSHD) v MHRT, re PG (2002) EWHC 2043 (Admin) — Inadequate reasons. [Summary required.]
| 2009-11-01 | 2002 cases, No summary, Reasons, Transcript |
| R (S) v SSHD and Parole Board (2002) EWHC 2424 (Admin) — Licence recall while on s3. [Summary required.]
| 2009-10-31 | 2002 cases, No summary, Prison law, Transcript |
| R (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.]
| 2009-10-31 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (N) v Dr M (2002) EWHC 1911 (Admin) — Unsuccessful challenge to compulsory treatment. [Summary required.]
| 2009-10-31 | 2002 cases, Challenges to compulsory treatment, 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 (M) v Nottinghamshire Healthcare NHS Trust (2002) EWHC 1400 (Admin) — Unsuccessful challenge to s47/49 patient's return to prison. [Summary required.]
| 2009-10-31 | 2002 cases, Ministry of Justice, No summary, Transcript |
| R (LH) v MHRT (2002) EWHC 170 (Admin) — Permission to appeal against Tribunal decision refused. [Summary required.]
| 2009-10-31 | 2002 cases, No summary, Reasons, Transcript |
| R (L) v MHRT (2002) EWHC 618 (Admin) — AWOL claimant's delay case struck out as an abuse of process. [Summary required.]
| 2009-10-31 | 2002 cases, No summary, Other Tribunal cases, Transcript |
| R (Heather) v Leonard Cheshire Foundation (2001) EWHC Admin 429 — Care home closure. [Summary required.]
| 2009-10-31 | 2001 cases, Community care, No summary, Transcript |
| R (Heather) v Leonard Cheshire Foundation (2002) EWCA Civ 366 — Care home closure. [Summary required.]
| 2009-10-31 | 2002 cases, Community care, No summary, Transcript |
| R (LH) v MHRT (2002) EWHC 1522 (Admin) — Unsuccessful challenge to Tribunal decision. [Summary required.]
| 2009-10-31 | 2002 cases, No summary, Reasons, Transcript |
| R (D) v SSHD (2002) EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal. [Summary required.]
| 2009-10-31 | 2002 cases, No summary, Other Tribunal cases, Prison law, 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 |
| R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2002) EWHC 181 (Admin) — Closure of residential accommodation. [Summary required.]
| 2009-10-31 | 2002 cases, Community care, No summary, Transcript |
| R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2001) EWHC Admin 479 — Closure of residential accommodation. [Summary required.]
| 2009-10-31 | 2001 cases, Community care, No summary, Transcript |
| R (C) v Lincolnsire Health Authority (2001) EWHC Admin 685 — [Summary required.]
| 2009-10-30 | 2001 cases, Community care, No summary, Transcript |
| R (B) v Ashworth Hospital Authority (2002) EWHC 1442 (Admin) — A patient could be treated for any form of mental disorder, not just a disorder within the classification under which he was detained.
| 2009-10-30 | 2002 cases, Brief summary, Other classification cases, Transcript |
| Masterman-Lister v Brutton and Co (2002) EWCA Civ 1889 — Unsuccessful appeal against decision that M was fully capable of managing and administering his property and affairs. [Summary required.]
| 2009-10-30 | 2002 cases, No summary, Other capacity cases, Transcript |
| Masterman-Lister v Jewell (2002) EWHC 417 (QB) — M was fully capable of managing and administering his property and affairs. [Summary required.]
| 2009-10-30 | 2002 cases, No summary, Other capacity cases, Transcript |
| Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.]
| 2009-10-30 | 2001 cases, Miscellaneous, No summary, Transcript |
| Dillon v SSHD (2002) EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period." [Summary required.]
| 2009-10-30 | 2002 cases, Criminal law, 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 (Wirral Health Authority) v Dr Finnegan, re DE (2001) EWHC Admin 312 — [Summary required.]
| 2009-10-30 | 2001 cases, No summary, Other Tribunal cases, Transcript |
| R (Wirral Health Authority) v MHRT, re DE (2001) EWCA Civ 1901 — [Summary required.]
| 2009-10-30 | 2001 cases, No summary, Other Tribunal cases, Transcript |
| R (WC) v South London and Maudsley NHS Trust (2001) EWHC 1025 (Admin) — Unsuccessful challenge to lawfulness of detention (consultation with nearest relative). [Summary required.]
| 2009-10-30 | 2001 cases, Consulting NR, No summary, Transcript |
| R (Wheldon) v Rampton Hospital Authority (2001) EWHC Admin 134 — Unsuccessful challenge to lawfulness of detention (treatability). [Summary required.]
| 2009-10-30 | 2001 cases, No summary, Transcript, Treatability test and psychopathic disorder |
| R (S) v Plymouth City Council (2001) EWHC Admin 750 — Unsuccessful challenge by nearest relative to council's refusal to disclose documents relating to P who was subject to guardianship and lacked capacity to consent to disclosure. [Summary required.]
| 2009-10-30 | 2001 cases, No summary, Other NR cases, 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 (Pickering) v Ashworth Hospital Authority (2001) EWCA Civ 883 — Challenge to ward move and restriction of communication arguable so permission granted.
| 2009-10-30 | 2001 cases, Brief summary, Permission hearings, 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 |
| NHS Hospital Trust v A (a child) (2007) EWHC 1696 (Fam) — Bone marrow transplant on baby lawful despite parents' refusal to consent.
| 2009-10-29 | 2007 cases, Best interests, Brief summary, Transcript |
| KD and LD v LB Havering (2009) EW Misc 7 (EWCOP) — At a hearing which was expected to be merely interlocutory, the DJ made final orders as to capacity and residence, and appointed the local authority as personal welfare deputy. (1) The power to deal with cases summarily exists but was exercised unlawfully in this case. It is to be exercised as an alternative to a hearing, for example in an emergency or where little or no contest is anticipated. It is unlikely to be exercised appropriately where there is a serious issue or potential issue as to the appropriateness of deprivation of liberty and so where Articles 5 and 6 are potentially engaged. The DJ had achieved an impermissible hybrid, in the course of a hearing exercising powers potentially available to the Court instead of a hearing. (2) A summary decision of best interests must be made by reference to the evidence and the matters in MCA 2005 s4, but this exercise was not fully carried out. (3) There was a breach of procedural fairness and Article ..→ | 2009-10-29 | 2009 cases, Best interests, Detailed summary, Transcript |
| Anderson v Scottish Ministers (2001) UKPC D5 — Section 1 of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 is not incompatible with Article 5(1)(e): the continued detention of restricted patients in a hospital on grounds of public safety is not dependent on their condition being capable of treatment.
| 2009-10-24 | 2001 cases, Detailed summary, Transcript, Treatability test and psychopathic disorder |
| 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 |
| R (E) v Governing Body of JFS (No 2) (2009) UKSC 1 — If the LSC decide fund a successful litigant, that decision must ordinarily be seen to carry with it something close to an assurance that the Commission will continue to support him in any subsequent appeal by the unsuccessful party; the LSC's decision not to continue funding without a protective costs order against the appellent was unlawful and public funding was therefore to continue.
| 2009-10-24 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R v Ghulam (2009) EWCA Crim 2285 — Under CPIA 1964 s4 the court must not make a determination that the defendant is unfit to plead without medical evidence from two medical practitioners; however, where the medical evidence of unfitness to plead is only available from one medical practitioner, the judge is not bound to adjourn the trial but can make a determination that the defendant is fit to plead.
| 2009-10-24 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Grant (2008) EWCA Crim 1870 — Based on recently-obtained medical evidence that the appellant's significant learning disability and unfitness to plead was masked by his external demeanour and physical appearance, his conviction (and 3-year community order) was quashed and substituted with a verdict of not guilty by reason of insanity (and a 2-year supervision order).
| 2009-10-24 | 2008 cases, Brief summary, Criminal law, Transcript |
| ITW v Z (2009) EWHC 2525 (Fam) — Statutory will case. [Summary required.]
| 2009-10-19 | 2009 cases, Best interests, No summary, Transcript |
| AA v Cheshire and Wirral Partnership NHS Foundation Trust (2009) UKUT 195 (AAC) — An application made while a patient is detained under section 2 or 3 does not lapse when the patient is made subject to a CTO, as s72(1) (powers of tribunals) should be given a literal construction. Preliminary points: (1) Discussion on Law Society guidance and cases where client lacks full capacity. The Upper Tribunal has no power to appoint a litigation friend or equivalent, and the OS's powers and duties apply to court proceedings not tribunals; in any event, justice did not require a litigation friend as the potential "best interests" argument was argued by other parties. (2) It was not unlawful for a First-tier Tribunal judge to consider an application for permission to appeal from, or a review of, his own decision.
| 2009-10-13 | 2009 cases, Brief summary, Change of status after application made, Transcript |
| R (X) v SSJ (2009) EWHC 2465 (Admin) — The Secretary of State had rejected an application for escorted community leave because of the nature of the index offence and the perspective of the victim's family. (1) The decision was quashed because neither the question of risk to others nor the positive benefits to the patient had been considered (irrationality, failure to take into account relevant considerations and considering irrelevant ones). (2) The reasons presented in the summary grounds of defence were patently not the reasons for the decision.
| 2009-10-12 | 2009 cases, Brief summary, Ministry of Justice, Transcript |
| R (PP) v SSJ (2009) 2464 (Admin) — The Secretary of State's decision to reject an application for a restricted patient to be granted trial leave to a medium secure unit was lawful; he was not bound to seek alternative evidence even where the evidence before him was unanimously in favour or leave being granted.
| 2009-10-12 | 2009 cases, Brief summary, Ministry of Justice, Transcript |
| R (AB) v SSJ (2009) EWHC 2220 (Admin) — Continued detention of pre-operative male-to-female transsexual in male prison breached Article 8 and was Wednesbury unreasonable.
| 2009-10-09 | 2009 cases, Brief summary, Prison law, Transcript |
| R (McKinnon) v SSHA (2009) EWHC 2449 (Admin) — Asperger's Syndrome hacker extradition case: no permission to apply for JR on Article 8 grounds; no certificate on points of law of general public importance on the Article 3 grounds; no permission to appeal.
| 2009-10-09 | 2009 cases, Brief summary, Deportation, Transcript |
| Stockton On Tees Borough Council v Aylott (2009) UKEAT 0401/08/1103 — The decision in Malcolm on the correct comparator in disability-related discrimination cases also applies to employment cases.
| 2009-10-08 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| SCA Packaging Ltd v Boyle (2009) UKHL 37 — Under the Disability Discrimination Act 1995 an impairment which is treated or corrected is counted (in law) as causing disability if it (in fact) would be likely to cause disability if untreated or uncorrected: "likely" here does not mean "probable" but means "could well happen". The employee was therefore disabled and the employer was under a duty to make reasonable adjustments.
| 2009-10-08 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| R v Pedley, Martin and Hamadi (2009) EWCA Crim 840 — (1) Guidance on the proper construction of the 'significant risk' test created by section 225 Criminal Justice Act 2003 for passing sentences of imprisonment for public protection (IPP) or other indeterminate sentences. (2) Such sentences are Convention compliant.
| 2009-10-08 | 2009 cases, Brief summary, Criminal law, Transcript |
| Jansons v Latvia (2009) EWHC 1845 (Admin) — It would be oppressive under s25 Extradition Act 2003, and contrary to his Article 8 rights, for the Latvian criminal to be extradited, because there was a substantial risk that he would commit suicide.
| 2009-10-08 | 2009 cases, Brief summary, Deportation, 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 |
| Cheltenham Borough Council v Laird (2009) EWHC 1253 (QB) — The council unsuccessfully sued its former employee for damages for making, by failing to disclose her full psychiatric history, fraudulent or negligent misrepresentations in a job application.
| 2009-10-08 | 2009 cases, Brief summary, Disability discrimination, Transcript |
| Bury Metropolitan Borough Council v D (2009) EWHC 446 (Fam) — It was lawful for the local authority to remove a child from its mother immediately at birth without informing the mother of its intentions.
| 2009-10-08 | 2009 cases, Best interests, Detailed summary, Transcript |
| Bristol City Council v AW (2009) UKUT 109 (AAC) — Housing and council tax benefits. [Summary required.]
| 2009-10-08 | 2009 cases, Community care, No summary, Transcript |
| Re Harries (2009) COP 11613871 — The witnesses to an EPA had handwritten their names but not separately signed the form, so the OPG had refused to register the EPA. The court held that the difference between a handwritten name (as opposed to a typed one) and a signature is immaterial, and ordered that the EPA be registered.
| 2009-09-27 | 2009 cases, Brief summary, EPA cases, Transcript |
| R (Pennington) v Parole Board (2009) EWHC 2296 (Admin) — Delays by the Parole Board, both in issuing ICM directions (which caused a 2-month delay in listing the hearing) and in communicating the decision a month late, breached Article 5(4). Claims for "pure delay" - that is where a Parole Board hearing has been delayed because of a lack of resources available to or errors or omissions on the part of the Parole Board - survive the House of Lords decsion in James. Damages to be assessed at a later date.
| 2009-09-27 | 2009 cases, Brief summary, Prison law, Transcript |
| BB (2009) UKUT 157 (ACC) — (1) The Tribunal panel failed to state with clarity how and why it disagreed with the reasoning of the independent psychiatrist who had recommended conditional discharge; therefore, the making of the decision involved the making of an error on a point of law. (2) The decision was not set aside: to do so would provide no practical benefit as the patient had recently re-applied to the Tribunal.
| 2009-09-04 | 2009 cases, Brief summary, Reasons, 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 |
| Re F (2009) EWHC B30 (Fam) — The "gateway" test for the engagement of the court’s powers under s48 (Interim orders and directions) is lower than that of evidence sufficient, in itself, to rebut the presumption of capacity. The proper test in the first instance is whether there is evidence giving good cause for concern that P may lack capacity in some relevant regard. Once that is raised as a serious possibility, the court then moves on to the second stage to decide what action, if any, it is in P's best interests to take before a final determination of his capacity can be made.
| 2009-08-16 | 2009 cases, Brief summary, Other capacity cases, Transcript |
| Re GC (2008) EWHC 3402 (Fam) — (1) The principle governing State intervention under the Mental Capacity Act 2005 is the same as under the Children Act 1989, namely that the State does not interfere in the private family life of an individual unless the continuance of that private family life is clearly inconsistent with the welfare of the person whose best interests the court is required to determine. (2) The closer the person is to having capacity the more weight his views are to be given. (3) Contrary to the professional evidence, it was in GC's best interests to return home as an interim measure: this decision was reached having regard to (a) the concept of least intervention, (b) GC's consistently-expressed wishes and feelings, (c) a finding that a trial at home was necessary and now was the best time, and (d) the importance of the emotional, as opposed to physical, component of best interests to very elderly (or young) people.
| 2009-08-15 | 2008 cases, Best interests, Brief summary, Transcript |
| R (McKinnon) v SSHA (2009) EWHC 2021 (Admin) — Because of the claimant's Asperger's Syndrome, extradition to the US would cause his mental health to suffer and would create risks including suicide; however, his case did not approach Article 3 severity: the SSHA's decision to order extradition, and the DPP's decision not to prosecute in the UK (although he had admitted certain offences), were lawful.
| 2009-08-10 | 2009 cases, Brief summary, Deportation, Transcript |
| R (Krishnapillai) v SSHD (2008) EWHC 2737 (Admin) — Mental health problems can engage Article 8 and render it disproportionate to separate a failed asylum seeker from the support of his family (in this case the mental health element involved PTSD, depression and the threat of suicide); however, deportation in this case was lawful.
| 2009-08-09 | 2009 cases, Brief summary, Deportation, Transcript |
| R (Chahboub) v SSHD (2009) EWHC 1989 (Admin) — Failed asylum seeker's challenge to detention in prison rather than immigration centre. (1) The first of the two periods of detention was outside the 3-month JR time limit so permission was refused in respect of that period. (2) The policy with respect to whether mentally ill people should be detained did not apply to the claimant, who had a personality disorder rather than mental illness. (3) The detention was justified under common law (intention to deport, detention for reasonable period, deportation possible in reasonable period, reasonable diligence to deport). (4) His transfer from the immigration centre to prison, because he had proved unmanageable, was in accordance with policy. (5) The manner of his detention in prison (required to share cell with convicted prisoner, dietary requirements ignored, 23-hour lock-up, limited access to telephone and visitors) was contrary to policy and breached his Article 5 rights.
| 2009-08-09 | 2009 cases, Brief summary, Deportation, 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 (Purdy) v DPP (2009) UKHL 45 — (1) The prohibition of assisted suicide in section 2(1) Suicide Act 1961 interfered with the claimant's Article 8(1) right to respect for private life (her personal autonomy and right to self-determination). (2) This interference - in cases of the suicide of a person who is terminally ill or severely and incurably disabled, who wishes to be helped to travel to a country where assisted suicide is lawful and who, having the capacity to take such a decision, does so freely and with a full understanding of the consequences - is not "in accordance with the law" as required by article 8(2), in the absence of an offence-specific policy by the DPP which sets out the factors that will be taken into account in deciding under s2(4) whether to prosecute. (3) Therefore the DPP was required to promulgate such an offence-specific policy.
| 2009-08-01 | 2009 cases, Criminal law, Detailed summary, Transcript |
| Rabone v Pennine Care NHS Trust (2009) EWHC 1827 (QB) — The Article 2 "Osman" operational obligation to protect life applied to detained patients, but not to the claimant who was an informal patient on leave from the hospital at the time she committed suicide.
| 2009-08-01 | 2009 cases, Brief summary, Inquests, Transcript |
| R v C (2009) UKHL 42 — For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.
| 2009-08-01 | 2009 cases, Brief summary, Criminal law, Other capacity cases, Transcript |
| Perrins v Holland (2009) EWHC 1945 (Ch) — The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will.
| 2009-08-01 | 2009 cases, Brief summary, Other capacity cases, Transcript |
| R (TF and Thompson) v SSHD (2009) EWCA Civ 792 — (1) 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 of the necessity of the requirements, and the case is stronger in the case of young offenders. (2) The scheme where it related to foreign travel did not breach article 4 ("right of exit") of EC Council Directive 2004/38.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Khan (2009) EWCA Crim 1569 — (1) The judge had been right to refuse to withdraw the charge of murder from the jury at the close of the evidence: to do otherwise he would have to be satisfied that the evidence, both medical and factual, was such that no reasonable jury, properly directed, could conclude that the defendant had failed to prove, on a balance of probabilities, the diminished responsibility defence. (2) Although the medical evidence in favour of diminished responsibility was unchallenged, there was ample factual evidence on which the jury could conclude that it was not satisfied, on a balance of probabilities, that the defence was made out.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, 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 |
| R v G; R v J (2009) UKHL 13 — Detailed explanation of elements of, and defences to, s57 and s58 Terrorism Act 2000. It was not a "reasonable excuse" for G to possess terrorist material to wind up prison guards; he was responsible for his actions (applying M'Naghten's Case) and his schizophrenia could not make reasonable what was unreasonable.
| 2009-07-29 | 2009 cases, Brief summary, Criminal law, 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 |
| W Primary Care Trust v TB, Re Brammall (2009) EWHC 1737 (Fam) — TB was eligible to be deprived of her liberty under the Mental Capacity Act 2005 (either under DOLS provisions or s16 court order): she might have been ineligible under Case E, but she was not a "mental health patient" because her care home did not fall within the definition of a hospital.
| 2009-07-23 | 2009 cases, Best interests, Deprivation of liberty, Detailed summary, Transcript |
| MJ (Angola) v SSHD (2009) EWCA Civ 741 — The SSJ should be served with the appeal proceedings as the court would be assisted by information from him as to the policy and objects as he sees them of s42 MHA (discharge power) in the context of a deportation case.
| 2009-07-23 | 2009 cases, Brief summary, Deportation, Transcript |
| R (Faulkner) v SSJ (2009) EWHC 1507 (Admin) — 13 months after referral, the claimant was released by the Parole Board and subsequently absconded. (1) The question of whether to dismiss the claim purely on the grounds that the claimant was a fugitive was left open. (2) The Article 5(4) claim was inconsistent with R (James) v SSJ (2009) UKHL 22: there was no Article 5(4) breach as the system had not broken down entirely (by the PB being denied the information that it needed for such a long period as to make continued detention arbitrary). (3) If that analysis is wrong, there still was no breach as, looking at the totality of the matter, there had been a review within a reasonable period. (4) Even if there had been a breach, it could not be shown that the claimant would have been released earlier. (5) Damages, if appropriate, would have been in the region of £1,000-£2,000, or perhaps £4,000; but, seeing as he had absconded, no damages would have been awarded.
| 2009-07-20 | 2009 cases, Brief summary, Prison law, Transcript |
| R v Erskine; R v Williams (2009) EWCA Crim 1425 — The appellants argued that, although they had not advanced the defence at trial, their convictions for murder should be quashed and substituted with diminished responsibility manslaughter. (1) The question in each case was whether, in examining the mental state at the time of the killing in accordance with s2 Homicide Act 1957, evidence which was not adduced at trial should be received under s23 Criminal Appeal Act 1968. (2) The question was a simple one and citation of numerous, merely illustrative, authorities was unhelpful. (3) In Erskine there was overwhelming contemporaneous evidence for diminished responsibility, and that his decision not to advance the defence was irremediably flawed because of his illness: appeal allowed and restricted hospital order imposed. (4) In Williams, the decision not to advance the defence was tactical, and the subsequent medical evidence unconvincing: appeal dismissed.
| 2009-07-20 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (P) v Barking Youth Court (2002) EWHC 734 (Admin) — The Youth Court, in considering fitness to plead, had wrongly adopted the procedure laid down for the Crown Court; s11(1) Powers of Criminal Courts (Sentencing) Act 2000 and s37(3) Mental Health Act 1983 provide a complete statutory framework for the determination by the Magistrates' Court, itself a creature of statute, of all the issues that arise in cases of defendants who are or may be mentally ill or suffering from severe mental impairment in the context of offences which are triable summarily only; the procedure is first to determine whether P did the acts alleged against him, and if so, then to consider, in the light of such reports as they may think necessary, whether the case is one for an order under s37(3)); for these purposes a youth court is a magistrates' court.
| 2009-07-10 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (P) v SSJ (2009) EWCA Civ 701 — The refusal of the SSJ to hold an inquiry into P's detention in YOI Feltham was lawful: (1) Article 2 is only engaged where there is a "real and immediate" risk to life; the risk from P's self harming, while real, was not immediate. (2) There was no arguable breach of Article 3 in the delay in transfer to hospital. Had there been an arguable Article 3 breach: in general, an inquiry would not have been mandatory; in this particular case, it would not have been necessary as the relevant facts were known.
| 2009-07-09 | 2009 cases, Brief summary, Inquests, Transcript |
| R v Holderness (2009) EWCA Crim 1326 — The appellant argued that, due to a mental illness which she had previously concealed, she ought to have been convicted of diminished responsibility manslaughter rather than murder. This argument was rejected as (1) her appeal depended on her credibility, which had been damaged by her series of lies; (2) her excuse for concealment even up to trial - that she hoped to be let go by appearing well - was not credible; (3) she had ample opportunity to observe other patients' illnesses; (4) it was not probable that she could have concealed the delusions from the psychiatrist who saw her on the day of arrest. No jury might reasonably have found, on the balance of probabilities, that the s2 Homicide Act 1957 criteria were met. Appeal dismissed.
| 2009-07-09 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (Betteridge) v Parole Board (2009) EWHC 1638 (Admin) — (1) Article 5(4) requires a speedy hearing to determine the lawfulness of detention, independently of any consideration of arbitrariness under Article 5(1). (2) The delay in listing the claimant's Parole Board hearing, due to a lack of panel members, breached his Article 5(4) right to a speedy hearing; however, as there had been no chance of release, there was no claim in damages. (3) The steps being taken to fix the systemic failures, and the ongoing problems, mean that further Article 5(4) delay claims are not appropriate unless in very special circumstances.
| 2009-07-07 | 2009 cases, Detailed summary, Prison law, Transcript |
| R (Farah) v HM Coroner for the Southampton and New Forest District of Hampshire (2009) EWHC 1605 (Admin) — (a) A coroner sitting without a jury is entitled to give a verdict and a judgment dealing with the stipulated issues which are (i) who the deceased was; (ii) how, when, by what means and in what circumstances and where the deceased came by is death; and (iii) the particulars for the time being required by the Registration Act to be registered concerning the death; (b) A coroner is entitled to give a judgment on matters which arise during the inquest and which are relevant to the determination of the stipulated issues; (c) The Court has jurisdiction which should be sparingly exercised to declare comments made by a coroner as being unlawful. Such a declaration may be made if the comments (i) do not relate to any of the stipulated issues in any way; (ii) are matters of opinion; and (iii) are sufficiently unfairly critical and offensive of any party; (d) Declarations should be made that comments made by the defendant coroner in his judgment in respect of ..→ | 2009-07-05 | 2009 cases, Brief summary, Inquests, Transcript |
| R (Allen) v HM Coroner for Inner North London (2009) EWCA Civ 623 — An inquest into the death of a patient who was detained in a hospital under s3 had to satisfy the enhanced requirements of Article 2
| 2009-07-05 | 2009 cases, Detailed summary, Inquests, Transcript |
| Gray v Thames Trains Ltd (2009) UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter.
| 2009-06-21 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (Blouet) v Bath and Wansdyke Magistrates Court (2009) EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. [Summary required.]
| 2009-06-15 | 2009 cases, Criminal law, No summary, 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 |
| Roach v Home Office (2009) EWHC 312 (QB) — The costs of attending an inquest can in principle be recovered by way of costs in subsequent civil proceedings; the fact that the inquest work was covered by a public funding certificate had no bearing on the recoverability of the costs.
| 2009-06-15 | 2009 cases, Brief summary, Inquests, 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 |
| Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052 — Hospital order quashed. [Summary required.]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (A) v SSHD (2003) EWHC 270 (Admin) — It was not unfair that a differently-constituted Tribunal panel were to consider the claimant's case after the original deferred conditional discharge. [Summary required.]
| 2009-06-14 | 2003 cases, No summary, Other Tribunal cases, 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 (Bitcon) v West Allderdale Magistrates Court (2003) EWHC 2460 (Admin) — Unsuccessful challenge to magistrates' revocation of s35 order. [Summary required.]
| 2009-06-14 | 2003 cases, Criminal law, 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 |
| R (K) v Dr Hughes (2003) EWHC 357 (Admin) — Challenge to administration of ECT. [Summary required.]
| 2009-06-14 | 2003 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v SSHD (2003) EWCA Civ 426 — Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. [Summary required]
| 2009-06-14 | 2003 cases, Criminal law, No summary, Transcript |
| R (South West Yorkshire Mental Health NHS Trust) v Bradford Crown Court (2003) EWCA Civ 1857 — Criminal law - High Court lacked jurisdiction. [Summary required]
| 2009-06-14 | 2003 cases, Criminal law, No summary, 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 |
| R (Mehmet) v SSJ (2009) EWHC 1202 (Admin) — The failure, without good cause, to provide to the Parole Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case (SARN report) was a breach of the Secretary of State’s public law obligations and accordingly unlawful.
| 2009-06-03 | 2009 cases, Brief summary, Prison law, Transcript |
| Re OT (2009) EWHC 633 (Fam) — OT, a nine-month-old baby, required continuous ventilation to live, and sometimes required further intensive medical treatment; the trust wanted to discontinue ventilation and treatment on the basis of the distressing and futile nature of the treatment; the parents wanted all steps to be taken to sustain life. (1) Although the application itself was made in an emergency as a result of a sudden deterioration in the child's condition, the parents had a fair opportunity to prepare their case both before and during the hearing; there was therefore no flaw in the process breaching Convention rights. (2) The provision or withdrawal of treatment for a child without parental consent, save in exceptional cases, is unlawful without a court declaration.* (3) Declarations were made permitting the clinicians to treat OT according to their clinical discretion (including not escalating treatment) and to cease ventilation immediately.
| 2009-05-21 | 2009 cases, Best interests, Brief summary, Transcript |
| Re OT (A Child) (2009) EWCA Civ 409 — The judge's refusal of the parents' adjournment application, and the decision to proceed with a determination of best interests of their child, was not appealable.
| 2009-05-18 | 2009 cases, Best interests, No summary, Transcript |
| R (Smith) v Secretary of State for Defence (2009) EWCA Civ 441 — (1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict.
| 2009-05-18 | 2009 cases, Brief summary, Inquests, Transcript |
| R v Hughes (2009) EWCA Crim 841 — The court's power to entertain an appeal against sentence is not, as a matter purely of jurisdiction, removed by the fact that there has been an earlier reference of the sentence by the Attorney-General; however, in all but the wholly exceptional case, the applications for extension of time and for leave to appeal would be refused.
| 2009-05-15 | 2009 cases, Brief summary, Criminal law, Transcript |
| R (P) v Mersey Care NHS Trust (2003) EWHC 994 (Admin) — A Tribunal recommendation for transfer from high to medium security is an important input but is not determinative; the decision whether to use the s17 (leave) and s19 (transfer) powers is for the RC and hospital managers, subject to the consent of the Secretary of State; on the facts, the Article 8 interference was justified and a decision not to transfer was properly open to them.
| 2009-05-11 | 2003 cases, Brief summary, Ministry of Justice, Transcript |
| R (IR) v Dr Shetty (2003) EWHC 3022 (Admin) — Unsuccessful challenge, on Article 3 and 5 grounds, to RC's decision to recommend s47/49 patient's transfer back to prison and MoJ's decision to order it.
| 2009-05-11 | 2003 cases, Brief summary, Transcript |
| R (James) v SSJ (2009) UKHL 22 — (1) Following the introduction of IPP sentences, the Secretary of State was in breach of his public law duty to make reasonable provision to enable IPP prisoners (if necessary by completing treatment courses) to demonstrate to the Parole Board their safety for release. The appropriate remedy was declaratory relief condemning the Secretary of State's failures and indicating that he is obliged to do more. The systemic failure has ended (following amendments including making the IPP sentence generally available only when the notional minimum term is at least 2 years) so no further relief is appropriate. (2) In relation to post-tariff detention, the systemic failure did not: (a) make the detention unlawful (detention remains lawful under statute until Parole Board release); (b) breach Article 5(1) (causal link with objective of detention remained until Parole Board decision); or (c) breach Article 5(4) (which is concerned with procedure not substance) although cases with prior ..→ | 2009-05-06 | 2009 cases, Brief summary, Prison law, 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 |
| Eastern and Coastal Kent PCT v Grey (2009) UKEAT 0454/08 — The Employment Tribunal erred as it ought to have considered (but did not consider properly) the requirements of section 4A(3)(b) of the Disability Discrimination Act 1995 which means that an employer is exempt from the duty to make adjustments if each of four matters can be satisfied and they are that the employer: (a) does not know that the disabled person has a disability; (b) does not know that the disabled person is likely to be at a substantial disadvantage compared with persons who are not disabled; (c) could not reasonably be expected to know that the disabled person had a disability; and (d) could not reasonably be expected to know that the disabled person is likely to be placed at a substantial disadvantage in comparison with persons who are not disabled.
| 2009-05-02 | 2009 cases, Brief summary, Disability discrimination, 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 |
| R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire (2009) EWHC 661 (Admin) — Coroners' inquests - deaths in custody - Article 2
| 2009-04-26 | 2009 cases, Inquests, No summary, 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 (Kenneally) v Snaresbrook Crown Court (2001) EWHC 968 (Admin) — The hospital and restriction orders made under s51 were quashed (ultra vires).
| 2009-04-19 | 2001 cases, Criminal law, No summary, Transcript |
| R (Epsom and St Helier NHS Trust) v MHRT (2001) EWHC Admin 101 — While the matter has to be looked at in the round, including the prospect of future in-patient treatment, but there will come a time when, even though it is certain that treatment will be required at some stage in the future, the timing of that treatment is so uncertain that it is no longer "appropriate" for the patient to continue to be liable to detention. Therefore, The application for judicial review against the MHRT's decision to discharge from s3 failed.
| 2009-04-19 | 2001 cases, Brief summary, Powers, 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 |
| R (C) v South London and Maudsley NHS Trust (2001) EWHC Admin 1025 — Identification of nearest relative in s11(4) is a subjective test - "who appears to him to be the nearest relative" - and the court will not interfere unless the social worker failed to apply the test in section 26 or acted with bad faith, or in some way reached a conclusion that was plainly wrong. Permission to apply for judicial review refused.
| 2009-04-19 | 2001 cases, Brief summary, Consulting NR, Permission hearings, 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 |
| Platts v Coroner for South Yorkshire (East District) (2008) EWHC 2502 (Admin) — Inquest into suicide of person with mental disorder - scope of inquest and Article 2 - whether former girlfriend was properly interested person
| 2009-04-18 | 2008 cases, Inquests, No summary, Transcript |
| R v Safi (2007) EWCA Crim 1392 — Appeal against restriction order dismissed.
| 2009-04-13 | 2007 cases, Criminal law, No summary, 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 (Abu-Rideh) v MHRT (2004) EWHC 1999 (Admin) — The claimant was a foreign national detained under the Immigration Act 1971 as a suspected terrorist, then transferred to hospital under s48/49 MHA 1983; the MHRT proceeded on the basis that the only realistic alternative was return to prison, where he would relapse; he argued that the MHRT ought to have considered the question of discharge by reference to discharge into the community, even though this was an impossibility; the Tribunal had been correct in their approach.
| 2009-04-12 | 2004 cases, Brief summary, Powers, Transcript |
| NHS Trust v T (2004) EWHC 1279 (Fam) — The patient lacked capacity, based on medical opinion and the content of her advance directive refusing treatment; interim declaration made that blood transfusion in emergency would be in patient's best interests.
| 2009-04-12 | 2004 cases, Best interests, Brief summary, 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 (Burke) v General Medical Council (2005) EWCA Civ 1003 — Artificial nutrition and hydration.
| 2009-04-12 | 2005 cases, Best interests, No summary, Transcript |
| R (Burke) v General Medical Council (2004) EWHC 1879 (Admin) — Artificial nutrition and hydration.
| 2009-04-12 | 2004 cases, Best interests, No summary, Transcript |
| G v Official Solicitor (2006) EWCA Civ 816 — When considering a statutory will, the function of the court is to do for the patient what the patient would fairly do for herself, if she could and acting with the benefit of advice from a competent solicitor; on the facts, including the family disputes, she would have appointed the independent receiver as executor of her estate. [Caution.]
| 2009-04-12 | 2006 cases, Best interests, Brief summary, Transcript |
| R (JL) v SSJ (2008) UKHL 68 — The nature of the investigation that must be carried out by the State whenever a prisoner in custody makes an attempt to commit suicide that nearly succeeds and which leaves him with serious injury.
| 2009-04-12 | 2008 cases, ECHR, 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 BS (2009) NIFam 5 — A medical examination of BS in the context of an application for a Controller to be appointed in respect of her affairs would not breach Article 8 and should take place.
| 2009-04-12 | 2009 cases, Brief summary, Northern Irish cases, Other capacity cases, Transcript |
| Magowan, Re Judicial Review (2009) NIQB 6 — Unsuccessful judicial review of failure of social services to make arrangements which would have allowed discharge from hospital.
| 2009-04-12 | 2009 cases, Community care, No summary, Northern Irish cases, Transcript |
| Wainwright v UK 12350/04 (2006) ECHR 807 — Strip searches of the applicants breached Article 8 due to their manner, but did not reach the minimum level of severity prohibited by Article 3.
| 2009-04-12 | 2006 cases, Brief summary, ECHR, Transcript |
| Kucheruk v Ukraine (2007) 2570/04 ECHR 712 — Violations of Article 3, 5(1) and 5(4).
| 2009-04-12 | 2007 cases, ECHR, No summary, Transcript |
| Khudobin v Russia 59696/00 (2006) ECHR 898 — Lack of medical treatment while detained violated Article 3; lack of relevant and sufficient reasons for pre-trial detention violated Article 5(3); undue delays in considering two separate applications for release violated Article 5(4); appeal court's failure to consider refusal of release breached Article 5(4); court's failure to consider entrapment defence violated Article 6(1); damages of €12,000 awarded
| 2009-04-12 | 2006 cases, Brief summary, ECHR, Transcript |
| R (Cooper) v Parole Board (2007) EWHC 1292 (Admin) — Target time of 55 days from referral to hearing in recall cases breached Article 5(4); as did the refusal to expedite case on on basis of prisoner's mental state.
| 2009-04-12 | 2007 cases, Brief summary, Prison law, Transcript |
| Jain v Trent Strategic Health Authority (2009) UKHL 4 — Unsuccessful negligence claim relating to the cancellation of nursing home registration.
| 2009-04-12 | 2009 cases, Community care, No summary, Transcript |
| Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186 — Unsuccessful negligence claim relating to the cancellation of nursing home registration.
| 2009-04-12 | 2007 cases, Community care, No summary, Transcript |
| R (Johnson) v SSHD (2007) EWCA Civ 427 — Parole Board delay breached Article 5(4).
| 2009-04-12 | 2007 cases, No summary, Prison law, Transcript |
| R (SSHD) v MHRT, re PH (2002) EWHC 1128 (Admin) — Condition of discharge not to leave without escort not unlawful on the facts.
| 2009-04-12 | 2002 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript |
| Re F (Adult Patient) (2000) EWCA Civ 3029 — Court's jurisdiction.
| 2009-04-12 | 2000 cases, Best interests, No summary, 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 (Von Brandenburg) v Tower Hamlets Health Care NHS Trust (2000) EWHC Admin 362 — Resectioning after Tribunal hearing.
| 2009-04-12 | 2000 cases, No summary, Re-sectioning after hearing, Transcript |
| R (SSHD) v MHRT, re MW (2000) EWHC 638 (Admin) — S78 allows Tribunal rules to be made to give the Tribunal such powers as are necessary for the purposes of the exercise of their statutory functions; the old MHRT rules were made under this section; the MHA does not give the Tribunal any power to make recommendations in the case of a restricted patient; therefore, the Tribunal could not lawfully adjourn for information relating solely to the making of an extra-statutory recommendation.
| 2009-04-11 | 2000 cases, Brief summary, Powers, 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 (K) v Camden and Islington Health Authority (2001) EWCA Civ 240 — Following a deferred conditional discharge, the duty under s117 was not absolute but rather to exercise reasonable endeavours (in this case, to find a supervising psychiatrist); continued detention despite these reasonable endeavours would not breach Article 5.
| 2009-04-11 | 2001 cases, Brief summary, Deferred conditional discharge, Transcript |
| R (K) v Camden and Islington Health Authority (2000) EWHC Admin 353 — The deferred conditional discharge could not be implemented because psychiatrist willing to supervise could be found; the duty on the health authority was not absolute but rather to take all reasonable steps (which they had); the psychiatrists had been entitled to exercise their professional judgment as they had.
| 2009-04-11 | 2000 cases, Brief summary, Deferred conditional discharge, Transcript |
| R (H) v MHRT (2000) EWHC 646 (Admin) — The MHRT should not have informed the nearest relative of restricted patient [or, more correctly, the person who would have been the nearest relative had the patient not been restricted] of the forthcoming hearing, because the definition of "nearest relative" in the Tribunal rules excluded restricted patients; the injunction preventing the Tribunal from disclosing its final decision would continue.
| 2009-04-11 | 2000 cases, Brief summary, Other NR cases, Other Tribunal cases, 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 |
| R (C) v MHRT London South and South West Region (2000) EWHC 637 (Admin) — The listing of s3 hearings no later than 8 weeks after application did not breach Article 5(4).
| 2009-04-11 | 2000 cases, Brief summary, Transcript, Tribunal delay |
| R (Brown) v North East Thames MHRT (2000) EWHC 640 (Admin) — It was not in the public interest interest to pursue the judicial review of a Tribunal decision to discharge conditionally rather than absolutely: there had subsequently been a recall and a further well-reasoned conditional discharge; even if the applicant won he would be granted no relief.
| 2009-04-11 | 2000 cases, Absolute or conditional discharge, Brief summary, Transcript |
| R (Brady) v Dr Collins (2000) EWHC 639 (Admin) — (1) The hunger strike was a manifestation or symptom of the patient's personality disorder, and the commencement of force-feeding was justified under s63 as medical treatment for mental disorder; even if s63 did not apply, the patient lacked capacity and the doctors had acted in what they lawfully believed was his best interests; (2) The appropriate test when considering challenges to compulsory treatment under s63 was the "super-Wednesbury" test [caution: the law has since changed]
| 2009-04-11 | 2000 cases, Brief summary, Challenges to compulsory treatment, Transcript |
| R (B) v Uxbridge County Court (2000) EWHC 641 (Admin) — Unsuccessful appeal against s29 displacement order.
| 2009-04-11 | 2000 cases, Displacement, No summary, Transcript |
| Nora McClelland v Simon S (2000) EWCA Civ 3028 — Unsuccessful appeal against s29 displacement order.
| 2009-04-11 | 2000 cases, Displacement, 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 |
| D v Barnet Healthcare Trust (2000) EWCA Civ 3027 — Identification of correct nearest relative, and extent of duty of ASW; meaning of "cares for".
| 2009-04-11 | 2000 cases, Consulting NR, No summary, 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 |
| Smirek v Williams (2000) EWCA Civ 3025 — Unsuccessful appeal against displacement order under s29.
| 2009-04-11 | 2000 cases, Displacement, No summary, Transcript |
| R (Watson) v LB Richmond (1999) EWHC Admin 749 — Claimants' accommodation must be provided under section 117(2) and not under s21 National Assistance Act 1948; s117 not a gateway section; it follows that the Respondents are not entitled to charge the Applicants for their accommodation.
| 2009-04-11 | 1999 cases, After-care, Brief summary, Transcript |
| R (Stennett) v Manchester City Council (2002) UKHL 34 — S117 is not a gateway section; it contains no charging provision; therefore, no charge should be made for after-care under that section, including for caring residential accommodation.
| 2009-04-11 | 2002 cases, After-care, Brief summary, Transcript |
| R (London Borough of Harrow) v Maidstone Crown Court (1999) EWHC Admin 385 — A Crown Court judge’s purported finding that a defendant was not guilty by reason of insanity was outside his jurisdiction and so not pursuant to the indictment, and so could be challenged by judicial review. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R (Gilkes) v SSHD (1999) EWHC Admin 47 — One of the two medical reports was too out-of-date to be reasonably relied upon for a s47 transfer to hospital; a transfer at the end of a prison sentence was not inherently unlawful; based on subsequent material from the same doctor, no relief would be granted as if the Secretary of State had insisted on an up-to-date report he would have made a transfer direction anyway.
| 2009-04-11 | 1999 cases, Brief summary, Ministry of Justice, Transcript |
| R (AX London) v Central London County Court (1999) EWCA Civ 988 — The county court can, on an ex parte application, make an interim displacement order under s29; it is lawful to detain a patient under s3 on the basis of it, although unless there are cogent reasons it is preferable to wait until the final order; even if the order had been declared invalid, the decision to admit the patient would still be valid.
| 2009-04-11 | 1999 cases, Brief summary, Displacement, 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 |
| Merrill v Herefordshire District Council (1999) EWCA Civ 1976 — It had been within the judge’s discretion not to adjourn displacement proceedings involving a nearest relative alleged to be mentally incapable of acting as nearest relative who sought an adjournment in order to obtain legal representation; and the displacement order was open to the judge on the evidence. It was suggested that the displaced nearest relative had no right to apply to the Mental Health Review Tribunal. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Displacement, Transcript |
| Manchester City Council v Ingram (1999) EWCA Civ 1689 — The test for the displacement of a nearest relative is objective; the Court of Appeal will not interfere with factual findings that were open to the trial judge. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Displacement, Transcript |
| Kinsey v North Mersey Community NHS Trust, Re GK (Patient: Habeas Corpus) (1999) EWHC Admin 577 — The statutory provisions meant that a hand delivered notice of intention to discharge by a nearest relative had to come into the hands of the Mental Health Act Administrator to start the 72 hour period for a barring order (s25 Mental Health Act 1983); if the notice was sent by post to the Managers, it was their responsibility to ensure that an authorised officer was available to open it and deal with it. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Other NR cases, 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 (F) v Liverpool City Council (1997) EWHC Admin 375 — Identification of nearest relative.
| 2009-04-11 | 1997 cases, No summary, Other NR cases, Transcript |
| Re Rodrigues (1997) EWCA Civ 1630 — Unfounded habeas corpus application.
| 2009-04-11 | 1997 cases, No summary, Transcript, Unimportant cases |
| Re MB (Caesarean Section) (1997) EWCA Civ 1361 — The claimant lacked capacity on a temporary basis because of her fear of needles; in an emergency the doctors would be free to administer anaesthetic if that were in her best interests.
| 2009-04-11 | 1997 cases, No summary, Other capacity cases, Transcript |
| Kay v UK 17821/91 (1994) ECHR 51 — (1) The recall to hospital without up-to-date objective medical expertise showing that the applicant suffered from a true mental disorder, or that his previous psychopathic disorder persisted - in the absence of any emergency - violated Article 5(1); (2) The subsequent MHRT proceedings were inherently too slow, which breached Article 5(4): the first hearing date offered was five months after referral, and final determination took just over two years.
| 2009-04-11 | 1994 cases, Brief summary, ECHR, Ministry of Justice, Transcript |
| Kay v UK 17821/91 (1993) ECHR 61 — The applicant's complaints under Article 5(1) (recall to hospital without medical evidence) and Article 5(4) (delay in Tribunal proceedings) were admissible.
| 2009-04-11 | 1993 cases, Brief summary, ECHR, Transcript |
| R v House (2007) EWCA Crim 2559 — (1) The judge was plainly right to pass the sentence of two concurrent life sentences with a s45A order; (2) a minimum term should be specified unless the punitive and retributive element required detention for life and, on the facts, a 9-year minimum term would be set.
| 2009-04-11 | 2007 cases, Brief summary, Criminal law, Transcript |
| R v Khelifi (2006) EWCA Crim 770 — (1) Although medical evidence supported a hospital order, the judge had correctly exercised his discretion instead to impose a prison sentence; there is no presumption that a hospital order will be made in these circumstances; (2) five-year sentence reduced to three and a half years.
| 2009-04-11 | 2006 cases, Brief summary, Criminal law, Transcript |
| R v Reid (2005) EWCA Crim 392 — Appeal against life sentence refused (the appellant would have preferred a restricted hospital order).
| 2009-04-11 | 2005 cases, Criminal law, No summary, Transcript |
| R v Bainton (2005) EWCA Crim 3572 — Two-year sentence quashed and substituted with same sentence suspended for two years: there were exception circumstances as the combination of physical, emotional and sexual abuse had reduced the appellant to a condition where it was difficult to resist the coercion of her husband.
| 2009-04-11 | 2005 cases, Brief summary, Criminal law, Transcript |
| R v Nafei (2004) EWCA Crim 3238 — Appeal against 12-year prison sentence for importation of drugs, in circumstances where the medical evidence supported a hospital order, was refused: the judge had properly exercised his discretion, particularly since there was no causal connection between the mental illness and the offending; the 12-year term was not excessive.
| 2009-04-11 | 2004 cases, Brief summary, Criminal law, Transcript |
| R v Borkan (2004) EWCA Crim 1642 — The judge was right not to adjourn for a psychiatric report on fitness to plead and stand trial, as he had two reports already stating that the defendant was not unfit; a jury could not determine fitness to plead or stand trial without supporting medical evidence, and on the facts there was none; appeal dismissed.
| 2009-04-11 | 2004 cases, Brief summary, Criminal law, Transcript |
| R v Rosso (Rosario) (2003) EWCA Crim 3242 — (1) The police had been entitled to force entry into a hotel room in order to detain the defendant pursuant to an application under s2; no warrant under s135 was required as they had the owners' permission and the defendant had no right to deny them entry; therefore the appeal against conviction was refused; (2) the appeal against the restriction order was also refused.
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Preston (2003) EWCA Crim 2086 — The hospital order should not have been made as the court had no up-to-date medical evidence; the appeal was adjourned for medical reports to be obtained.
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v M (John) (2003) EWCA Crim 3452 — The principal issue in this appeal concerns the test to be applied as a matter of law in determining whether an accused is fit to plead to the charge, or charges, against him.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) (2003) EWCA Crim 1824 — Prison sentence of 3 years increased to 8 (or 10?) years.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Lane (Geoffrey) (2003) EWCA Crim 382 — Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v H (2003) UKHL 1 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Frampton (2003) EWCA Crim 3649 — Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Fairley (Terry James) (2003) EWCA Crim 1625 — Having found the defendant unfit to plead, the court had no power to impose a hospital order or restriction order; the proper course would have been to consider an admission order with restrictions; the orders were quashed and the case remitted to the Crown Court. [NB the law has since changed.]
| 2009-04-11 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Dietschmann (2003) UKHL 10 — Effect of alcohol on diminished responsibility.
| 2009-04-11 | 2003 cases, Criminal law, No summary, Transcript |
| R v Shepherd (Jack) (2002) EWCA Crim 1091 — Conviction quashed and substituted with an admission order with restrictions as, had the issue been raised, on the evidence the jury would have found that the defendant was unfit to plead but had done the act.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v R (2002) EWCA Crim 165 — Appeal against restriction order allowed.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Kearney (2002) EWCA Crim 2772 — Appeal against restriction order allowed.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Johnson (Frank) (2002) EWCA Crim 1900 — Conviction quashed as during trial the defendant had become unfit to plead.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Gunning (Neville) (2002) EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Goode (2002) EWCA Crim 1698 — Appeal against restriction order refused.
| 2009-04-11 | 2002 cases, Criminal law, No summary, Transcript |
| R v Williams (Royland Richard) (2001) EWCA Crim 32 — Period of suspension of five-month prison sentence varied from two years to one year.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Stevens (Theresa Mary) (2001) EWCA Crim 2888 — Eight-month prison sentence quashed and substituted with two-year community rehabilitation order with treatment requirement.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Smith (Paul Lee) (2001) EWCA Crim 743 — Seven-year sentence quashed and substituted with hospital order and restriction order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Simmonds (Mark Gordon) (2001) EWCA Crim 167 — Life sentence quashed and substituted with six-year sentence.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Skermer (Mark) (2001) EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v M (2001) EWCA Crim 2024 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Grant (2001) EWCA Crim 2611 — Having been charged with murder and found unfit to be tried, a defendant cannot rely on lack of intent and/or provocation during the exercise under s4A Criminal Procedure (Insanity) Act 1964 (finding that the defendant did the act or made the omission) as only the actus reus needs to be proved; appeal against admission order and restriction order under s5 refused.
| 2009-04-11 | 2001 cases, Brief summary, Criminal law, Transcript |
| AG's ref (no 83 of 2001) sub nom R v Fidler (Stephen David) (2001) EWCA Crim 2443 — Sentence upheld (community rehabilitation order for two years with requirements that the offender should reside where directed by the probation officer to include hospital or as an in-patient or out-patient and to take such medication as was prescribed).
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Cooper (Dean) (2001) EWCA Crim 57 — Sentence of three-and-a-half years' detention quashed and substituted with interim hospital order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Colohan (Sean Peter) (2001) EWCA Crim 1251 — The appellant's argument that his schizophrenia brought him outside the provisions of the Protection from Harassment Act 1997 was rejected.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Bunjo (Senad) (2001) EWCA Crim 1453 — Three-year prison sentence quashed and replaced with community rehabilitation order with a condition of treatment.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Budgen (Rebecca) (2001) EWCA Crim 1708 — 18-month prison sentence quashed and substituted with hospital order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Brewah (Alfred) (2001) EWCA Crim 1104 — Appeal against conviction dismissed; six-year sentence quashed and substituted with hospital order and restriction order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Blackford (Jodie) (2001) EWCA Crim 1479 — 21-month sentence for arson quashed and - having regard to the appellant's youth, her good character, her immaturity, her family, her plea and essentially her mental state - substituted with community rehabilitation order.
| 2009-04-11 | 2001 cases, Criminal law, No summary, Transcript |
| R v Reynolds (Daniel Ferdinand George) (2000) EWCA Crim 3539 — Appeal against restriction order allowed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Newman (2000) EWCA Crim 2 — Mental illness could not be exceptional circumstance for purposes of section 2 of the Crime (Sentences) Act 1997 (automatic life sentence for second serious offence).
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Melbourne (Paul Anthony) (2000) EWCA Crim 3537 — Four-year sentence for breach of restraining order quashed and substituted with a hospital order and restriction order.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Jones (Michelle Louise) (2000) EWCA Crim 3538 — Appeal against restriction order allowed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Belford (Moses Edward) (2000) EWCA Crim 3536 — Sentence of 12 months' imprisonment quashed and substituted with 6-month sentence suspended for 18 months (schizophrenia being an exceptional circumstance).
| 2009-04-11 | 2000 cases, Brief summary, Criminal law, Transcript |
| R v Kamara (2000) EWCA Crim 17 — Appeal against restriction order dismissed.
| 2009-04-11 | 2000 cases, Criminal law, No summary, Transcript |
| R v Crookes (1999) EWCA Crim 1065 — On an appeal against a restriction order, the progress made after sentence can be relevant to show that a restriction order, although properly imposed, should be lifted by the Court of Appeal. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R v Cox (Lee Michael) (1999) EWCA Crim 848 — The judge was able to impose a restriction order against the views of the doctors giving evidence; there was assistance as to the meaning of “serious harm” in the s31 Criminal Justice Act 1991, and so it covered serious physical or psychological injury; the risk of such harm had to be real, not fanciful or remote. [MHLR.]
| 2009-04-11 | 1999 cases, Brief summary, Criminal law, Transcript |
| R v Disley v (1996) EWCA Crim 362 — Appeal against restriction order dismissed.
| 2009-04-11 | 1996 cases, Criminal law, No summary, Transcript |
| X v UK 7215/75 (1981) ECHR 6 — (1) Under Article 5(1), the recall to hospital without the usual Winterwerp guarantees was lawful as it was an emergency; the further detention followed examination by the RMO so was also lawful; (2) Habeas corpus proceedings were inadequate for Article 5(4) purposes; the other legal machinery did not remedy this breach, in particular because the MHRT could not order discharge of restricted patients.
| 2009-04-10 | 1981 cases, Brief summary, ECHR, Powers, Transcript |
| X v UK 7215/75 (1982) ECHR 8 — (1) No compensation awarded under Article 40; (2) Note taken of agreement relating to costs; (3) Note taken of proposed law reform (MHRT to be able to discharge restricted patients, and legal aid to cover representation).
| 2009-04-10 | 1982 cases, Brief summary, ECHR, Transcript |
| R v Tandy (1987) EWCA Crim 5 — Point of law: whether, for a craving for drink or drugs in itself to produce an abnormality of mind within the meaning of s2(1) of the Homicide Act 1957, the craving must be such as to render the accused's use of drink or drugs involuntary or whether it is sufficient for the defence to prove that the craving was such as to make it more difficult, than for an ordinary individual, for the accused to resist the impulse to consume alcohol or use drugs?
| 2009-04-10 | 1987 cases, Brief summary, Criminal law, Transcript |
| Wilkinson v UK 14659/02 (2006) ECHR 1171 — The applicant's complaints were all declared inadmissible. He had complained that: (1) medical treatment against his will was a breach of the negative obligations under Articles 3 and 8; (2) the authorities failed in their positive obligation under Articles 3 and 8 to provide suitable safeguards against the imposition of treatment that would violate his rights, in particular that the authorities should have sought approval from a court before imposing treatment and that he should have been able to bring a challenge against the treatment, before it took place, in a court which would have been able to provide a suitable level of review; (3) the inability to have a determination of his ‘civil right’ to autonomy in a court that would have provided a review on the merits was a violation of Article 6; (4) the lack of effective remedy was a breach of Article 13; (5) discrimination on the basis of his status as a detained patient was a breach of ..→ | 2009-04-10 | 2006 cases, Brief summary, Challenges to compulsory treatment, ECHR, Transcript |
| Warren v UK 36982/97 (1999) ECHR 186 — Detention under the MHA following an order made by a criminal court should be considered under Art 5(1)(e) ECHR. [MHLR.]
| 2009-04-10 | 1999 cases, Brief summary, ECHR, Transcript, Unimportant cases |
| Wall v Sweden 41403/98 (1997) ECHR 201 — The detention of an alcoholic under Article 5(1)(e) did not breach Article 5(1): the authorities continuously considered less severe measures, they strictly scrutinised the necessity for subjecting the applicant to compulsory care, and the total length of the applicant’s detention was not extended beyond a period reasonable to the aim pursued by domestic law, namely to motivate the applicant in such a way that he become capable of voluntary participation in continuing treatment and capable of receiving support in order to discontinue his abuse.
| 2009-04-10 | 1997 cases, Detailed summary, ECHR, Transcript |
| Varbanov v Bulgaria 31365/96 (2000) ECHR 457 — (1) Violation of Article 5(1): Deprivation of liberty was not justified under Art 5(1)(e) and had no basis in domestic law which, moreover, did not provide the required protection against arbitrariness as it did not require the seeking of a medical opinion. (2) Violation Article 5(3): The applicant could only appeal to prosecutors and so was deprived of his right to have the lawfulness of his detention reviewed by a court.
| 2009-04-10 | 2000 cases, Detailed summary, ECHR, Transcript |
| Tam v Slovakia 50213/99 (2004) ECHR 282 — (1) Violation of Article 5(1): Detention not in accordance with procedure prescribed by domestic law. (2) Violation of Article 5(4): The review procedure failed to provide adequate guarantees to the applicant; in particular, the court failed to appoint a guardian as required by domestic law, and did not hear the applicant or the doctor treating him with a view to establishing whether the applicant’s deprivation of liberty had been justified.
| 2009-04-10 | 2004 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Shulepova v Russia 34449/03 (2008) ECHR 1666 — (1) Violation of Article 5(4): Applicant not detained in accordance with a procedure prescribed by domestic law. (2) Violation of Article 6(1): By appointing the hospital's employees as psychiatric experts, the domestic courts placed the applicant at a substantial disadvantage, in breach of the principle of equality of arms.
| 2009-04-10 | 2008 cases, Bias, Brief summary, ECHR, Transcript |
| Shenkel v The Netherlands 62015/00 (2005) ECHR 935 — (1) Violation of Article 5(1): Failure, in breach of domestic law, to draw up an official record of Court of Appeal hearing which rejected the appeal against continued detention. (2) Violation of Article 5(4): Delay of 17 months before determination of Court of Appeal case.
| 2009-04-10 | 2005 cases, Brief summary, ECHR, Transcript, Tribunal delay |
| Romanov v Russia 63993/00 (2005) ECHR 933 — (1) Violation of Article 3: The applicant's conditions of detention, in particular the severe overcrowding and its detrimental effect on the applicant's well being, combined with the length of the period during which the applicant was detained in such conditions, amounted to degrading treatment. (2) Violation of Article 5(3): the length of the proceedings (and detention on remand) was attributable neither to the complexity of the case nor to the conduct of the applicant but to the lack of diligence and expedition on the part of court. (3) Violation of Article 6(1) and (3)(c): In view of what was at stake for the applicant the District Court could not, if the trial was to be fair, determine his case without a direct assessment of the applicant's evidence, and the presence of the applicant's lawyer could not compensate for his absence.
| 2009-04-10 | 2005 cases, Brief summary, ECHR, Transcript |
| Romanov v Russia 63993/00 (1998) ECHR 115 — The applicant's complaints about the prison conditions, the length of his detention on remand and the complaint concerning his right to be present at the hearing were admissible.
| 2009-04-10 | 1998 cases, ECHR, No summary, Transcript |
| Phillips v UK 64509/01 (2000) ECHR 702 — The Tribunal's conditional discharge decision was delayed, initially to find accommodation, then because no psychiatric supervisor could be found. The applicant argued that his detention from 25 February 1999 (being six months after the Tribunal decision) and 4 August 2000 (when he was released) was in violation of Article 5(1)(e) because he was no longer suffering from mental illness warranting detention for treatment. The government settled the case by paying £5,500 plus costs.
| 2009-04-10 | 2000 cases, Brief summary, Deferred conditional discharge, Transcript |
| Panteleyenko v Ukraine 11901/02 (2006) ECHR 667 — A search of the applicant's office, and the disclosure of confidential psychiatric information, was not in accordance with domestic law and therefore violated Article 8; the domestic authorities' refusal to pay compensation on the ground that criminal proceedings had been discontinued on "non-exonerating grounds" contravened the presumption of innocence and violated Article 6(2).
| 2009-04-10 | 2006 cases, Brief summary, ECHR, Transcript |
| Nowika v Poland 30218/96 (2002) ECHR 795 — The detention for 83 days of the applicant under Article 5(1)(b) (the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law) violated Article 5(1) as it was for longer than necessary for the fulfilment of the obligation to submit to a psychiatric examination; the restriction on visits by her family to one visit per month violated Article 8; compensation of €10,000 was awarded
| 2009-04-10 | 2002 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Nakach v The Netherlands 5379/02 (2005) ECHR 445 — The practice of the Arnhem Court of Appeal, which had upheld the applicant's continued detention, not to keep official records of hearings (on the basis that no appeal could be made from that court) breached domestic law and therefore breached Article 5(1)
| 2009-04-10 | 2005 cases, Brief summary, ECHR, Transcript |
| Musial v Poland 24557/94 (1999) ECHR 15 — Requesting a second opinion did not amount to a waiver of the right to a speedy hearing; the court’s agreement to request a second opinion did not absolve it of the duty to ensure speediness (including using powers such as the fining of witnesses); complexity of a medical file was relevant to the issue of speediness; reliance on an out-of-date medical report could breach Art 5. [MHLR.]
| 2009-04-10 | 1999 cases, Brief summary, Transcript, Tribunal delay |
| Morley v UK 16084/03 (2002) ECHR 853 — The applicant had been transferred from hospital back to prison. He argued that his Article 5(4) right to review of his detention had been breached as the transfer had been ordered by the executive rather than a court, and asserted that he was still of unsound mind within Article 5(1)(e). This complaint was rejected (he ought to have raised it in the domestic judicial review proceedings) and his Article 8 complaint also failed.
| 2009-04-10 | 2002 cases, Brief summary, ECHR, Ministry of Justice, Transcript |
| Matter v Slovakia 31534/96 (1999) ECHR 38 — Proceedings relating to capacity are covered by Art 6 ECHR; in assessing whether the proceedings are completed within a reasonable time, account has to be taken of any complexity arising from the need for expert evidence and any conduct by the patient, but special diligence is required from the court in light of the importance of the question. A forced medical examination, which is an interference for the purposes of Art 8(1), could be a proportionate method of protecting a patient’s rights as part of the resolution of capacity proceedings and so justified for the purposes of Art 8(2) ECHR. [MHLR.]
| 2009-04-10 | 1999 cases, Brief summary, ECHR, Transcript |
| Keenan v UK 27229/95 (2001) ECHR 242 — The applicant's son had committed suicide while serving a prison sentence. Her Article 2 complaint was rejected (the authorities responded in a reasonable way to his conduct, placing him in hospital care and under watch when he evinced suicidal tendencies) but her Article 3 complaint was accepted (lack of effective monitoring and informed psychiatric input into his assessment and treatment, together with the imposition of punishments including seven days' segregation).
| 2009-04-10 | 2001 cases, Detailed summary, ECHR, Transcript |
| Kepenerov v Bulgaria 39269/98 (2003) ECHR 425 — The claimant was detained for a month by a prosecutor who had no legal power to do so, had not sought a prior medical assessment, and had not specified the length of detention (furthermore, there was no legal means to challenge the detention); there therefore had been a violation of Article 5(1)(e) and compensation of €2000 was awarded.
| 2009-04-10 | 2003 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Kaprykowski v Poland 23052/05 (2009) ECHR 198 — Detention without adequate medical treatment and assistance constituted inhuman and degrading treatment, amounting to a violation of Article 3; compensation of €3000 awarded.
| 2009-04-10 | 2009 cases, Brief summary, ECHR, Transcript |
| IH v UK 17111/04 (2005) ECHR 934 — The claimant was granted a deferred conditional discharge but subsequently not released as no supervising psychiatrist could be found; the House of Lords found that Article 5(4) had been breached as the Tribunal could not revisit their decision (as the law was then understood). The claimant's Article 5(1)(e) complaint was rejected (on the facts, the alternative to conditional discharge was continued detention rather than absolute discharge), as were his complaints under Article 5(4) (no longer a victim as domestic courts had acknowledged breach and afforded appropriate redress) and Article 5(5) (no longer a victim, no absolute right to compensation).
| 2009-04-10 | 2005 cases, Brief summary, Deferred conditional discharge, Transcript |
| Grey v UK 34377/02 (2002) ECHR 854 — A Tribunal granted an absolute discharge because the claimant suffered from no mental disorder, but on judicial review this was quashed because they had not first considered conditional discharge; a subsequent Tribunal reclassified him and upheld continued detention; his complaint under Article 5(1)(e) was rejected (no duty immediately and unconditionally to release into the community), as were complaints under Article 5(4) (no undue delay) and Article 6 (no right to appeal).
| 2009-04-10 | 2002 cases, Absolute or conditional discharge, Brief summary, ECHR, Transcript |
| Gorshkov v Ukraine 67531/01 (2004) ECHR 726 — The claimants complaints, relating to his detention in hospital, under Article 2, 3 and 5(1) were manifestly unfounded, but his complaint under Article 5(4) was admissible
| 2009-04-10 | 2004 cases, Brief summary, ECHR, Transcript |
| Gorshkov v Ukraine 67531/01 (2005) ECHR 936 — Although a detained patient's case was regularly reviewed on an automatic basis, the patient had no right to initiate proceedings and was not a party to them; there therefore had been a breach of Article 5(4)
| 2009-04-10 | 2005 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Gajcsi v Hungary 34503/03 (2006) ECHR 822 — The continuation of the claimant's detention for three months was not in accordance with a procedure prescribed by law, in that dangerous conduct had not been considered by the reviewing court; there had therefore been a breach of Article 5(1) and compensation of €7350 was awarded
| 2009-04-10 | 2006 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| Francis v UK 3346/02 (2003) ECHR 707 — The claimant's mentally-ill son had discharged himself from hospital and committed suicide; her Article 2 and 6 complaints were dismissed.
| 2009-04-10 | 2003 cases, Brief summary, ECHR, Transcript |
| R (Donaldson) v SSHD (2006) EWHC 1107 (Admin) — The Home Office decision to cease considering patients for technical lifer status (unless in exceptional circumstances) was lawful: (1) It was too early to say whether the Home Office's acceptance that there could be "exceptional cases" was meaningless and that the policy was therefore an unlawful fetter on the discretion as to route to discharge; (2) There was no substantive legitimate expectation that the policy would not be changed, that it would be kept open for them, or a legitimate expectation that more would be done in relation to the notification about the change in policy
| 2009-04-09 | 2006 cases, Brief summary, Ministry of Justice, Transcript |
| FC v UK (1999) 37344/97 (1999) ECHR 184 — The applicant complained under Article 8 of the Convention that her adoptive father (whom she claims sexually abused her) automatically became her nearest relative under s26, that he consequently had access to personal information about her (including her treatment and whereabouts) and that she was not entitled to apply to have someone else act as her nearest relative; the case was struck out of the list by way of a friendly settlement on the basis that the government would change the law.
| 2009-04-09 | 1999 cases, Brief summary, Displacement, Transcript |
| Drew v UK 35679/03 (2006) ECHR 1172 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2006 cases, Brief summary, Criminal law, ECHR, Transcript |
| R v Drew (2003) UKHL 25 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2003 cases, Brief summary, Criminal law, Transcript |
| R v Drew (2001) EWCA Crim 2861 — The requirement to pass an automatic life sentence for the second serious sexual or violent offence in the absence of exceptional circumstances, even for a mentally-disordered offender, did not breach Article 3 or 5.
| 2009-04-09 | 2001 cases, Brief summary, Criminal law, Transcript |
| Croke v Ireland 33267/96 (2000) ECHR 680 — The applicant's case under Article 5 (about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric institution and about the absence of a periodic, independent and automatic review of his detention thereafter) was struck out of the list on the basis of a friendly settlement based on the Southern Irish government's intention to enact the Mental Health Bill 1999 to replace the Mental Treatment Act 1945.
| 2009-04-09 | 2000 cases, Brief summary, ECHR, Transcript |
| Cotterham v UK (1999) ECHR 185 — The 10-month delay between the MHRT application and the hearing at first sight appeared to be a breach of Article 5(4); however, in the circumstances, there was no lack of diligence on the part of the judicial authorities: the delays were due to postponements for an independent report which arrived late and was served later still, and for the solicitor to be available.
| 2009-04-09 | 1999 cases, Brief summary, Transcript, Tribunal delay |
| Clunis v UK 45049/98 (1998) ECHR 116 — The failures in providing care prior to the claimant's offence did not breach Article 8 as there was no inevitable link between the failures and the offence; although he lost his negligence action against the local authority (partly on the basis of ex turpi causa) there had been no breach of Article 6 in the procedure.
| 2009-04-09 | 1998 cases, Detailed summary, ECHR, Transcript |
| Atanasov v Bulgaria 73281/01 (2008) ECHR 1266 — [Summary required] The applicant alleged that his pre-trial detention and house arrest had been unjustified and excessively lengthy, that his confinement in a psychiatric clinic in August and September 2000 had been unlawful, that he had not been able to appeal to a court and that he did not have a right to compensation in this connection. Article 5(1), (4) and (5) had been breached and €2000 damages were awarded.
| 2009-04-09 | 2008 cases, Deprivation of liberty, ECHR, No summary, Transcript |
| Antoine v UK 62960/00 (2003) ECHR 709 — The claimant was detained under a hospital order, it having been found that he was unfit to plead but had done the act. His complaint was based on Article 6 (unable to participate effectively, no trial within reasonable time, breach of presumption of innocence), Article 3 (living under threat of further prosecution), and Article 5 (arbitrary detention). Application declared inadmissible.
| 2009-04-09 | 2003 cases, Brief summary, Criminal law, ECHR, Transcript |
| R v Wood (No 2) (2009) EWCA Crim 651 — The fact that a defendant was convicted of manslaughter on the grounds of diminished responsibility did not preclude a sentence of imprisonment for life. In assessing the seriousness of such an offence with a view to fixing a minimum term, the court could take into account the guidance in Sch 21 of the Criminal Justice Act 2003, subject to the specific element of reduced culpability consequent on diminished responsibility. [ICLR]
| 2009-04-05 | 2009 cases, Criminal law, Detailed summary, Transcript |
| R v Wood (No 1) (2008) EWCA Crim 1305 — In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome. [ICLR]
| 2009-04-05 | 2008 cases, Criminal law, Detailed summary, Transcript |
| R v Tabbakh (2009) EWCA Crim 464 — The judge was entitled to rule that it was open to the jury to draw adverse inferences from the fact that the appellant had not given evidence, and that the exception in s35(1)(b) Criminal Justice and Public Order Act 1994 (that it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence) did not apply to him even though he suffered from a mental health condition.
| 2009-03-26 | 2009 cases, Brief summary, Criminal law, Transcript |
| R v Stewart (2009) EWCA Crim 593 — Guidance on directions to the jury where the defence case was diminished responsibility based on alcohol dependency syndrome.
| 2009-03-26 | 2009 cases, Brief summary, Criminal law, Transcript |
| Re Whitbread (No 2) (Habeas Corpus: Continued Detention) (1999) EWHC Admin 2 — (1) The duty to discharge under s72 following a Tribunal decision to discharge on a future date is subject to s29(4) which provides a further basis for detention during displacement proceedings; (2) The managers' reasons for upholding the RMO's barring certificate were adequate.
| 2009-03-15 | 1999 cases, Brief summary, Displacement, Transcript |
| Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) (1997) EWHC Admin 102 — The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before a full assessment of the patient for the purposes of s3 has taken place, including before the two necessary medical recommendations have been obtained; the Act allowed for a flexible approach.
| 2009-03-15 | 1997 cases, Brief summary, Consulting NR, Transcript |
| Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) (1997) EWCA Civ 1944 — The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before his interview with the patient; the Act allowed for a flexible approach. Provided that the social worker explains to the NR that he is considering making an application and why, the NR will be afforded the necessary opportunity for objecting to the application.
| 2009-03-15 | 1997 cases, Brief summary, Consulting NR, 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 |
| Re J (Enduring Power of Attorney) (2009) EWHC 436 (Ch) — An Enduring Power of Attorney appointing successive or alternative attorneys is valid if it is stated for each set of attorneys, in the event that they exercise the power, whether they must exercise it jointly or jointly and severally.
| 2009-03-12 | 2009 cases, Brief summary, EPA cases, 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 |
| C v V, Re S and S (Protected Persons) (2008) EWHC B16 (Fam) — (1) Under the Mental Capacity Act 2005, there is a presumption in favour of implementing P's wishes unless they are irrational, impractical, or irresponsible (with reference to resources), or there is a sufficiently countervailing consideration. (2) The appointment of donees jointly (rather than jointly and severally) under a power of attorney created the presumption that the donors wanted decisions made jointly or by neither appointee. (3) Mr and Mrs S's wishes (that if both daughters were unable to act jointly then neither should act singly) would be implemented, and an independent Deputy would be appointed.
| 2009-02-22 | 2008 cases, Best interests, Detailed summary, Transcript |
| R (Purdy) v DPP (2009) EWCA Civ 92 — The absence of a crime-specific policy relating to assisted suicide (identifying the facts and circumstances where it will not be in the public interest to prosecute) does not make the operation and effect of section 2(1) of the Suicide Act 1961 Act unlawful nor mean that it is not in accordance with law for the purposes of Article 8(2). [Overturned on appeal.]
| 2009-02-22 | 2009 cases, Criminal law, Detailed summary, Transcript |
| 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 |
| M v East London NHS Foundation Trust CO/1065/2009 — The nearest relative's statement to the AMHP that he disagreed with detention under s3 was sufficient to amount to the notification of an objection under s11; it was unaffected, in the absence of any clear evidence of a change of mind, by the failure to state an objection in a subsequent conversation immediately prior to the making of the application.
| 2009-02-15 | 2009 cases, Brief summary, Consulting NR, Transcript |
| Re P (2009) EWHC 163 (Ch) — The Court of Protection is not bound by the substituted judgment approach from the previous legislation, including the Mental Health Acts 1959 and 1983, but must apply the Mental Capacity Act 2005 best interests approach (the general philosophy of which is discussed)
| 2009-02-11 | 2009 cases, Detailed summary, Other capacity cases, Transcript |
| R (B) v DPP (2009) EWHC 106 (Admin) — The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational on the facts; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.
| 2009-02-02 | 2009 cases, Criminal law, Detailed summary, Transcript |
| Austin v Commissioner of Police of the Metropolis (2009) UKHL 5 — (1) The difference between deprivation of and restriction upon liberty is merely one of degree or intensity, not one of nature or substance; it is highly sensitive to the facts of each case. (2) Where the purpose of the measure is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual; there is room, even in the case of fundamental rights, for a pragmatic approach which takes full account of all the circumstances; however, in general, purpose is relevant, not to whether the Article 5 threshold is crossed, but to justification under 5(1)(a) to (e). (3) Measures of crowd control will fall outside the ambit of Article 5 so long as they are not arbitrary, i.e. they must be resorted to in good faith, they must be proportionate, and they must not be enforced for longer than is reasonably necessary; the confinement by the police of the claimant for seven hours in Oxford Circus in order to avoid physical ..→ | 2009-01-29 | 2009 cases, Deprivation of liberty, Detailed summary, Transcript |
| R (Black) v SSJ (2009) UKHL 1 — The decision on whether to release a determinate sentence prisoner at his parole eligibility date (the half-way point of a long-term Criminal Justice Act 1991 prisoner) did not engage Article 5 as the decision was merely the administrative implementation of the sentence of the court.
| 2009-01-28 | 2009 cases, Detailed summary, Prison law, Transcript |
| Adorian v Commissioner of Police of the Metropolis (2009) EWCA Civ 18 — Failure to apply for permission under s329(2) Criminal Justice Act 2003 before bringing proceedings did not render the proceedings a nullity, but rather amounted to a procedural irregularity that could be cured by subsequent application at the discretion of the court.
| 2009-01-28 | 2009 cases, Detailed summary, Miscellaneous, Transcript |
| R (B) v London Borough of Camden (2004) EWHC 2348 (Admin) — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Permission refused.
| 2009-01-22 | 2004 cases, After-care, No summary, 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 |
| R (Abu-Rideh) v SSHD (2007) EWHC 2237 (Admin) — The claimant's appeal under s10(1) of the Prevention of Terrorism Act 2005 against the modification of his control order (that the cumulative effect in his changed circumstances, in particular because he now lives alone and his perceived declining mental health, had led to breaches of Articles 5, 3 and 8) failed.
| 2009-01-19 | 2007 cases, Deprivation of liberty, Detailed summary, Transcript |
| R v Rogerson (2004) EWCA Crim 2099 — Although it was lawful to pass sentences of imprisonment and a hospital order under s37 at the same time, it was a matter of obvious impracticability for them both to be simultaneously carried out; the sentences of imprisonment were inappropriate and therefore quashed.
| 2009-01-17 | 2004 cases, Brief summary, Criminal law, Transcript |
| R (Webb-Johnson) v DPP (2005) EWHC 3123 (Admin) — The District Judge had been wrong to proceed to hear the case in the absence of the claimant (who had mental health problems); the conviction was quashed and a retrial ordered
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| R (TP) v West London Youth Court (2005) EWHC 2583 (Admin) — The Youth Court judge was not satisfied on the balance of probabilities that the claimant would be unable effectively to participate in the proceedings because of his low intellectual ability, so decided not to stay the proceedings for abuse of process; the claimant's judicial review application (on standard of proof, reasons and Article 6 grounds) failed.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| Jones v Isleworth Crown Court (2005) EWHC 662 (Admin) — Although the offender had not caused serious harm in the past, and the medical evidence did not recommend a restriction order, the judge was right to impose restrictions on the admission order under Schedule 1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 on the basis that there was a risk of serious harm to the public, because of the history of paranoid schizophrenia with violent command auditory hallucinations and an escalation of violent offending.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| Hasani v Blackfriars Crown Court (2005) EWHC 3016 (Admin) — If an accused person is found to be unfit to plead under s4 Criminal Procedure (Insanity) Act 1964 but becomes fit to plead before he is dealt with under 5, the court is not required to follow the procedures in sections 4A and 5 (which would probably lead to an absolute discharge); instead, a second s4 hearing should take place and if appropriate the necessary order for arraignment made.
| 2009-01-17 | 2005 cases, Brief summary, Criminal law, Transcript |
| St Helens Borough Council v PE (2006) EWHC 3460 (Fam) — In cases involving the doctrine of necessity a declaration in the form of "it is lawful, being in [PE's] best interests..." is appropriate, as it is the best interests of the vulnerable adult which determine lawfulness; however, in other circumstances under the inherent jurisdiction a bare declaration in the form of "it is in [PE's] best interests..." is appropriate.
| 2009-01-17 | 2006 cases, Best interests, Brief summary, Transcript |
| R v Hendy (2006) EWCA Crim 819 — The conviction for murder was quashed and replaced with diminished responsibility manslaughter because the judge's direction on the effect of alcohol (which reflected the law as then erroneously understood) was wrong in light of a later House of Lords case; obiter, fresh medical evidence relating to the diagnosis of personality disorder might reasonably have affected the decision of the jury. A retrial was not appropriate as tariff had been served; a restricted hospital order would be substituted for the life sentence.
| 2009-01-17 | 2006 cases, Brief summary, Criminal law, Transcript |
| Lindsay v Wood (2006) EWHC 2895 (QB) — The claimant was unable to deal with the advice he was likely to receive (in relation to offers to settle his PI claim) or to give reliably rational instructions based on that advice, and therefore was a patient within the meaning of CPR Part 21.
| 2009-01-17 | 2006 cases, Brief summary, Other capacity cases, Transcript |
| Folks v Faizey (2006) EWCA Civ 381 — The challenge to the appointment of a litigation friend for the claimant in a PI claim failed: the appointment, which followed a bona fide application based on adequate evidence and agreement of the patient and litigation friend, would not prejudice the other party and had minimal importance to the outcome of the litigation.
| 2009-01-17 | 2006 cases, Brief summary, Other capacity cases, 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 |
| RP v UK 38245/08 (2008) ECHR 1124 — Statement of facts and questions to the parties. (1) Did the appointment of the Official Solicitor give rise to a breach of RP’s procedural rights guaranteed by Article 8 of the Convention? (2) Did the same circumstances give rise to a breach of Article 6 as regards the fairness of the court proceedings?
| 2009-01-15 | 2008 cases, Brief summary, Other capacity cases, Transcript |
| Dorset Healthcare NHS Foundation Trust v MHRT (2009) UKUT 4 (AAC) — The responsible authority appealed against the Tribunal's interlocutory decision to direct disclosure of medical records, including third-party information, to the patient's solicitor; having agreed it had jurisdiction, the Upper Tribunal made no order on the appeal, as the patient had by that time been placed on a CTO; however, detailed guidance was given as to the proper approach where either the responsible authority resists disclosure of confidential third-party information or the solicitor wishes to disclose such information to his client. Guidance was also given on the status of a decision by a three-judge panel of the Administrative Appeals Chamber.
| 2009-01-15 | 2009 cases, Brief summary, Powers, Transcript |
| R (Razgar) v SSHD (2003) EWCA Civ 840 — The Secretary of State cannot lawfully certify that an immigration claim is manifestly unfounded unless the claim is bound to fail before an adjudicator; it it not enough that it is very likely to fail. All three claimants had already claimed asylum in safe European countries before claiming asylum again in the UK; the challenges to the Secretary of State's decisions were based on Article 3 and/or 8 and mental health consequences of removal.
| 2009-01-14 | 2003 cases, Brief summary, Deportation, ECHR, Transcript |
| R (Razgar) v SSHD (2004) UKHL 27 — The claimant was an Iraqi asylum seeker who had already sought asylum in Germany, but claimed that his return to Germany would adversely affect his mental health. (1) In principle, Article 8 rights can be engaged by the foreseeable consequences for health of removal from the UK pursuant to an immigration decision, even where such removal does not violate Article 3, if the facts relied on by the applicant are sufficiently strong. (2) On the facts, the Home Secretary's decision to certify the claim as manifestly unfounded was unlawful, as an adjudicator could have properly ruled in the claimant's favour.
| 2009-01-14 | 2004 cases, Brief summary, Deportation, ECHR, Transcript |
| Pankiewicz v Poland 34151/04 (2008) ECHR 148 — It would be too rigid to expect immediate transfer from prison to psychiatric hospital but, although the delay of 2 months 25 days did not at first glance seem particularly excessive, on balance it was not acceptable and violated Article 5(1); the claimant had been compensated by the domestic court so was not a victim for Article 5(3) purposes; the Article 6 complaint was rejected for non-exhaustion of domestic remedies
| 2009-01-12 | 2008 cases, Brief summary, Deprivation of liberty, ECHR, Transcript |
| X, Re Judicial Review (2009) NIQB 2 — Based on the general legislative purpose underlying Article 77(2) Mental Health (NI) Order 1986 and the constitutional principle in favour of liberty, the MHRT in Northern Ireland does not have the power to direct the discharge of an unrestricted patient at a future date where there is a mandatory duty to discharge the patient; a deferred discharge is only lawful for a discretionary discharge
| 2009-01-11 | 2009 cases, Brief summary, Northern Irish cases, Powers, Transcript |
| 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 |
| A v A Health Authority (2002) EWHC 18 (Fam) — The nature of the case determined the court in which a case concerning the welfare of children or incompetent adults should be litigated: the review of a decision of a public authority by way of JR in the Admin Court; best interests cases in the Family Division. In best interests proceedings the court cannot compel a public authority to exercise its public law functions in a certain way.
| 2008-12-30 | 2002 cases, Best interests, Detailed summary, Transcript |
| Re A (Medical Treatment: Male Sterilisation) (2000) 1 FLR 549, (2000) 1 FCR 193 — It would not be in the best interests of A, who lacked capacity to make the decision, to be sterilised, while the current level of supervision continued; best interests are not limited to best medical interests but encompass medical, emotional and all other welfare issues.
| 2008-12-30 | 2000 cases, Best interests, Detailed summary, Transcript |
| Re A (Children) (Conjoined Twins: Surgical Separation) (2000) EWCA Civ 254 — (1) The operation to separate Siamese twins, both of whom would otherwise shortly die, would clearly be in Jodie's best interests, but would kill Mary; the court must perform a balancing exercise in determining what was in the twins' best interests, regardless of the parents' religious objections; the scales come down heavily in Jodie's favour. (2) The operation would be lawful in criminal law, under the doctrine of necessity, and as the primary purpose was not to kill Mary
| 2008-12-30 | 2000 cases, Best interests, Detailed summary, Transcript |
| R (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, Brief summary, Community care, 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, Brief summary, Community care, 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 |
| 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, Brief summary, Deprivation of liberty, Other capacity cases, Transcript |
| R (MN) v MHRT (2008) EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).
| 2008-12-22 | 2008 cases, Change of status after application made, Detailed summary, Transcript |
| 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. [Caution.]
| 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 |
| KC v City of Westminster Social and Community Services Department (2007) EWHC 3096 (Fam) — Muslim marriage where groom lacked capacity was not recognised in English law.
| 2008-12-14 | 2007 cases, Brief summary, Other capacity cases, 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) rather than a hospital order.
| 2008-12-06 | 2008 cases, Brief summary, Criminal law, Northern Irish cases, 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, Brief summary, Criminal law, Transcript |
| X City Council v MB, re MAB (2006) EWHC 168 (Fam) — MAB's parents had wanted to arrange a marriage for him in Pakistan. It was declared that MAB did not have capacity to marry; therefore any marriage, even if valid in Pakistan, would not be recognised as valid in English law. His parent's undertakings not to take him to a wedding or out of Britain were accepted and his passport was returned. Any assessment of capacity to marry must take into account the question of capacity to consent to sexual relations. This involved a low level of understanding, which must be same in its essentials as required by the criminal law under the Sexual Offences Act 2003.
| 2008-11-29 | 2006 cases, Detailed summary, Other capacity cases, Transcript |
| 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. [Caution.]
| 2008-11-28 | 2008 cases, Deprivation of liberty, Detailed 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, Inquests, 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, Northern Irish cases, 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 |
| 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 |
| 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, Detailed 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, Inquests, 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. Total lack of road sense and a tendency to rush into the road without looking not seriously irresponsible conduct for purposes of mental impairment. [Caution.]
| 2008-10-15 | 2003 cases, No summary, Other capacity cases, 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, No summary, Other capacity cases, 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, Other capacity cases, 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, Other capacity cases, Transcript |
| LLBC v TG (2007) EWHC 2640 (Fam) — Best interests case.
| 2008-10-06 | 2007 cases, Detailed summary, Other capacity cases, Transcript |
| Bailey v Warren (2006) EWCA Civ 51 — PRACTICE — Parties — Mental capacity — Action for damages for personal injuries compromised by claimant before proceedings commenced — Subsequent lack of mental capacity leading to appointment of litigation friend — Whether valid approval of compromise — CPR Pt 21. The established principles relating to mental incapacity and the conduct of litigation were to be applied to the compromise of an action by a claimant before he became a “patient” within the meaning of CPR r 21.1 and which was made before any proceedings were commenced. (ICLR summary.)
| 2008-09-25 | 2006 cases, Detailed summary, Other capacity cases, Transcript |
| R v B (2008) EWCA Crim 1997 — CRIME— Plea — Fitness to plead — Two among several defendants found unfit to plead — Jury yet to be empanelled — Judge finding single jury incapable in principle of hearing case against fit and unfit defendants together — Whether such conclusion correct. Where one of several defendants in the same criminal proceedings became unfit to stand trial before a jury had been empanelled there was nothing in principle to prevent a single empanelled jury subsequently proceeding to hear the trial of all the defendants, although in the case of the unfit defendant the jury would now be looking to the question whether he had committed the actus reus of the relevant offence.
| 2008-09-23 | 2008 cases, Criminal law, Detailed summary, Transcript |
| R 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 — 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, Other capacity cases, 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 (2008) EWHC 3572 (Admin) — 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, Detailed summary, Other capacity cases, Transcript |
| RP v Nottingham City Council (2008) EWCA Civ 462 — Role of Official Solicitor considered.
| 2008-09-13 | 2008 cases, Brief summary, Other capacity cases, 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, Smoking, 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, Other capacity cases, 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 | 2003 cases, After-care, No summary, Transcript |
| R (B) v London Borough of Camden (2006) EWCA Civ 246 — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Unsuccessful appeal.
| 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 IA (2005) EWCA Crim 2077 — Life sentence or s37/41.
| 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, Detailed summary, Other capacity cases, 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 Tribunal 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 Tribunal 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) — A Tribunal had been entitled to find that there was an enduring mental illness based on symptoms before transfer to hospital and that it was asymptomatic because of a response to medication; this entitled it to reject an opinion in favour of discharge which was based on the view that there was no enduring illness. [MHLR.]
| 2008-09-12 | 1999 cases, Brief summary, Reasons, Transcript |