Category

2003 cases

Case and summary Date added Categories
Attorney General v Ratra [2003] EWHC 1291 (Admin) — Vexatious litigant. [Summary required.] 2010‑09‑27 22:41:53 2003 cases, No summary, Transcript, Unimportant cases


Re Maughland (Determination Into the Death of) [2003] ScotSC 10 — [Summary required.] 2009‑11‑30 22:52:01 2003 cases, Inquests, No summary, Scottish cases, 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 20:44:23 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 20:40:16 2003 cases, Miscellaneous, No summary, Transcript


Peter Kiernan v Harrow Crown Court [2003] EWCA Crim 1052 — Hospital order quashed. [Summary required.] 2009‑06‑14 20:36:58 2003 cases, Hospital order cases, 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 20:35:36 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 20:26:28 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 20:23:50 2003 cases, No summary, Other criminal law cases, 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 20:20:06 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 20:16:22 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 20:13:40 2003 cases, No summary, Other criminal law cases, 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 20:09:17 2003 cases, No summary, Other criminal law cases, 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 22:35:33 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 22:10:15 2003 cases, Brief summary, 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 15:50:38 2003 cases, Brief summary, Restriction order cases, Transcript


R v Preston [2003] EWCA Crim 2086The 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 15:33:06 2003 cases, Brief summary, Hospital order cases, 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 15:27:27 2003 cases, No summary, Transcript, Unfitness and insanity cases


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 15:23:15 2003 cases, No summary, Other criminal law cases, 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 15:16:59 2003 cases, No summary, Sentence appeal cases, Transcript


R v H [2003] UKHL 1Article 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 15:15:27 2003 cases, No summary, Transcript, Unfitness and insanity cases


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 15:11:29 2003 cases, No summary, Sentence appeal cases, Transcript


R v Fairley (Terry James) [2003] EWCA Crim 1625Having 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 15:09:51 2003 cases, Brief summary, Transcript, Unfitness and insanity cases


R v Dietschmann [2003] UKHL 10 — Effect of alcohol on diminished responsibility. 2009‑04‑11 14:55:43 2003 cases, Diminished responsibility cases, No summary, Transcript


Kepenerov v Bulgaria 39269/98 [2003] ECHR 425The 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 13:54:23 2003 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, Transcript


Francis v UK 3346/02 [2003] ECHR 707The claimant's mentally-ill son had discharged himself from hospital and committed suicide; her Article 2 and 6 complaints were dismissed. 2009‑04‑10 12:41:04 2003 cases, Brief summary, ECHR, Transcript


R v Drew [2003] UKHL 25The 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 22:36:26 2003 cases, Brief summary, Life sentence cases, Transcript


Antoine v UK 62960/00 [2003] ECHR 709The 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 21:15:04 2003 cases, Brief summary, ECHR, Transcript, Unfitness and insanity cases


R (Razgar) v SSHD [2003] EWCA Civ 840The 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 21:56:48 2003 cases, Brief summary, ECHR, Repatriation cases, 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 17:32:08 2003 cases, Bias, Brief summary, Miscellaneous, Northern Irish cases, 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 19:11:27 2003 cases, No summary, Other capacity cases, 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 06:13:47 2003 cases, Detailed summary, Transcript, Unfitness and insanity cases


R (W) v Doncaster Metropolitan Borough Council [2003] EWHC 192 (Admin) — After-care. 2008‑09‑13 06:29:19 2003 cases, After-care, 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 17:43:04 2003 cases, Detailed summary, Other criminal law cases, Transcript


R (IR) v Dr Shetty [2003] EWHC 3152 (Admin) — Technical lifer status. 2008‑09‑12 16:50:56 2003 cases, Ministry of Justice, No summary, Transcript


R (X) v MHRT [2003] EWHC 1272 (Admin) — Adjournment. 2008‑09‑12 16:31:59 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 16:28:37 2003 cases, No summary, Powers, Transcript


R (B) v MHRT [2003] EWHC 815 (Admin)It is lawful to defer discharge in dangerous criterion cases where the deferral is relevant to considerations of dangerousness 2007‑09‑16 11:59:57 2003 cases, Detailed summary, Powers, Transcript


Ward v Commissioner of Police for the Metropolis [2003] EWCA Civ 1152Implied power for magistrate to impose 'any condition which can sensibly relate to the execution of a warrant in a way which protects the interests of the person liable to be removed whilst furthering the object of the grant of the warrant'. The conditions were not followed so the removal and detention was unlawful.

Overturned by House of Lords: Ward v Commissioner of Police for the Metropolis [2005] UKHL 32

2007‑02‑07 21:08:24 2003 cases, Brief summary, Miscellaneous, Transcript


R (IH) v SSHD [2003] UKHL 59A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case. 2007‑02‑07 20:58:29 2003 cases, Deferred conditional discharge, Detailed summary, Transcript


Rakevich v Russia 58973/00 [2003] ECHR 558 — Detention and Article 5. [Summary required.] 2007‑02‑07 20:31:19 2003 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript


R (B) v Ashworth Hospital Authority [2003] EWCA Civ 547Cannot treat for non-classified disorders. (Overturned on appeal.) 2007‑02‑06 18:32:32 2003 cases, Brief summary, Other classification cases, Transcript


R (Mersey Care NHS Trust) v MHRT, re D [2003] EWHC 1182 (Admin)Unsuccessful reasons challenge; RMO can represent Trust, as well as appear as witness, if he notifies MHRT at outset. (rough summary) 2007‑02‑06 18:30:08 2003 cases, Brief summary, Other Tribunal cases, Reasons, Transcript


R (KB) v MHRT [2003] EWHC 193 (Admin)Damages hearing following KB and B delay cases 2007‑02‑06 18:28:06 2003 cases, Detailed summary, Transcript, Tribunal delay


R (SSHD) v MHRT, re DH [2003] EWHC 2864 (Admin)Tribunal satisfied disorder of a nature although not degree; did not separately consider necessity test. Misdirection re nature/degree so decision to discharge quashed 2007‑02‑06 18:24:46 2003 cases, Brief summary, Reasons, Transcript


R (KW) v Avon and Wiltshire MH Partnership NHS Trust [2003] EWHC 919 (Admin)No reasons given for rejecting RMO's evidence; Tribunal gave no indication during hearing of Tribunal doctor's provisional opinion. Decision quashed. 2007‑02‑06 18:21:04 2003 cases, Brief summary, Reasons, Transcript


R (P) v SSHD [2003] EWHC 2953 (Admin)The ECHR does not require joint MHRT/Parole Board hearings; the need for consecutive hearings does not breach Article 5(4). 2007‑01‑28 16:17:40 2003 cases, Detailed summary, Prison law cases, Transcript


R (Munjaz) v Ashworth Hospital Authority [2003] EWCA Civ 1036 — Departure from Code of Practice. 2006‑04‑16 11:34:52 2003 cases, Miscellaneous, No summary, Transcript


R (PD) v West Midlands and North West MHRT [2003] EWHC 2469 (Admin)No appearance of bias just becuase MHRT medical member was employed by same Trust as detained the patient. 2006‑04‑16 11:30:50 2003 cases, Bias, Detailed summary, Transcript


R (von Brandenburg) v East London and City MH NHS Trust [2003] UKHL 58An ASW may not lawfully apply for the admission of a patient whose discharge has been ordered by the decision of a mental health review tribunal of which the ASW is aware unless the ASW has formed the reasonable and bona fide opinion that he has information not known to the tribunal which puts a significantly different complexion on the case as compared with that which was before the tribunal. 2006‑04‑16 11:27:28 2003 cases, Brief summary, Re-sectioning after hearing, Transcript


R (PS) v Dr G [2003] EWHC 2335 (Admin) — Challenge to compulsory treatment. 2006‑04‑16 11:06:30 2003 cases, Challenges to compulsory treatment, No summary, Transcript


R (Tagoe-Thompson) v The Hospital Managers of the Park Royal Centre [2003] EWCA Civ 330Panel of three hospital managers must be unanimous in order to discharge patient. 2006‑04‑16 10:59:55 2003 cases, Detailed summary, Hospital managers hearings, Transcript


R (M) v Secretary of State for Health [2003] EWHC 1094 (Admin) — Sections 26 and 29 incompatible with Article 8. 2006‑04‑15 20:00:04 2003 cases, Detailed summary, Displacement, Transcript


Article titles

The following 52 pages are in this category.

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