Please use this link when purchasing anything, not just books, from Amazon (why?)
Magic Book | Email updates | Email discussion list | Online updates | Case law | CPD scheme | Books | Jobs | Events
Share this page:

Category

2001 cases

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 summaryDate added to siteCategories
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.] 2009-11-302001 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.] 2009-11-302001 cases, Diminished responsibility cases, No summary, Scottish cases, Transcript
R (Heather) v Leonard Cheshire Foundation [2001] EWHC Admin 429 — Care home closure. [Summary required.] 2009-10-312001 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.] 2009-10-312001 cases, Community care, No summary, Transcript
R (C) v Lincolnsire Health Authority [2001] EWHC Admin 685 — [Summary required.] 2009-10-302001 cases, Community care, No summary, Transcript
Hession v Health Service Commissioner for Wales [2001] EWHC Admin 619 — [Summary required.] 2009-10-302001 cases, Miscellaneous, No summary, Transcript
R (Wirral Health Authority) v Dr Finnegan, re DE [2001] EWHC Admin 312 — [Summary required.] 2009-10-302001 cases, No summary, Other Tribunal cases, Transcript
R (Wirral Health Authority) v MHRT, re DE [2001] EWCA Civ 1901 — [Summary required.] 2009-10-302001 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.] 2009-10-302001 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.] 2009-10-302001 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.] 2009-10-302001 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. 2009-10-302001 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. 2009-10-302001 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. 2009-10-302001 cases, Brief summary, Miscellaneous, 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. 2009-10-242001 cases, Detailed summary, Transcript, Treatability test and psychopathic disorder
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. 2009-04-192001 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). 2009-04-192001 cases, Hospital order cases, 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, 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. The application for judicial review against the MHRT's decision to discharge from s3 failed. 2009-04-192001 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. 2009-04-192001 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. 2009-04-192001 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. 2009-04-192001 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. 2009-04-192001 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). 2009-04-192001 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). 2009-04-192001 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. 2009-04-112001 cases, Brief summary, Deferred conditional discharge, 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. 2009-04-112001 cases, No summary, Sentence appeal cases, 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. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Smith (Paul Lee) [2001] EWCA Crim 743 — Seven-year sentence quashed and substituted with hospital order and restriction order. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Simmonds (Mark Gordon) [2001] EWCA Crim 167 — Life sentence quashed and substituted with six-year sentence. 2009-04-112001 cases, Life sentence cases, No summary, Transcript
R v Skermer (Mark) [2001] EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order. 2009-04-112001 cases, No summary, Sentence appeal cases, 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. 2009-04-112001 cases, No summary, Transcript, Unfitness and insanity cases
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. 2009-04-112001 cases, Brief summary, Transcript, Unfitness and insanity cases
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). 2009-04-112001 cases, No summary, Other criminal law cases, Transcript
R v Cooper (Dean) [2001] EWCA Crim 57 — Sentence of three-and-a-half years' detention quashed and substituted with interim hospital order. 2009-04-112001 cases, No summary, Sentence appeal cases, 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. 2009-04-112001 cases, No summary, Other criminal law cases, 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. 2009-04-112001 cases, No summary, Sentence appeal cases, Transcript
R v Budgen (Rebecca) [2001] EWCA Crim 1708 — 18-month prison sentence quashed and substituted with hospital order. 2009-04-112001 cases, No summary, Sentence appeal cases, 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. 2009-04-112001 cases, No summary, Sentence appeal cases, 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. 2009-04-112001 cases, No summary, Sentence appeal cases, 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). 2009-04-102001 cases, Detailed summary, ECHR, 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. 2009-04-092001 cases, Brief summary, Life sentence cases, 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. 2008-11-272001 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, 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. 2008-11-272001 cases, ECHR, No summary, Repatriation 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 2008-11-272001 cases, Bias, Brief summary, ECHR, 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. (...) 2008-10-152001 cases, Challenges to compulsory treatment, Detailed summary, Transcript
R (Wirral Health Authority v MHRT [2001] EWCA Civ 1572 — Permission to appeal granted 2008-09-132001 cases, No summary, Permission hearings, Transcript
R (J) MHRT North London and East Region [2001] EWCA Civ 1705 — Permission to appeal granted 2008-09-132001 cases, No summary, Permission hearings, Transcript
R (C) v MHRT London South and South West Region [2001] EWCA Civ 1110 — The policy of always listing s3 cases after exactly 8 weeks - and making no effort to see that the individual application is heard as soon as reasonably practicable, having regard to the relevant circumstances of the case - violated Article 5(4). 2007-02-062001 cases, Brief summary, Transcript, Tribunal delay
R (Ashworth) v MHRT; R (H) v Ashworth [2001] EWHC Admin 901 — JR of MHRT discharge: immediate discharge when no aftercare available; decision irrational; reasons inadequate. JR of subsequent re-sectioning: lawful, considering Brandenburg CA decision; legal advice on lawfulness of MHRT decision relevant; stay ineffective when discharge was immediate. 2007-02-062001 cases, Brief summary, Re-sectioning after hearing, Transcript
R (IH) v SSHD [2001] EWHC Admin 1037 — Section 73 is compatible with Article 5 ECHR: deferred conditional discharge is a provisional decision; the Tribunal can monitor progress, and reconsider and amend the decision if appropriate. 2007-01-072001 cases, Deferred conditional discharge, Detailed summary, Transcript
R (von Brandenburg) v East London and City MH NHS Trust [2001] EWCA Civ 239 — Resectioning after hearing. 2006-04-162001 cases, No summary, Re-sectioning after hearing, Transcript
R (H) v MHRT North and East London Region [2001] EWCA Civ 415 — Section 73 incompatible with Article 5 because burden of proof was placed on patient. 2006-04-162001 cases, Burden and standard of proof, Detailed summary, Transcript

Article titles

The following 52 pages are in this category.

R