Category

2006 cases

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Page and summaryDate added to siteCategories
Smith v MHTS (2006) CSOH 44 — A Mental Health Officer sought Judicial Review of the Mental Health Tribunal for Scotland's decision not to convene a Tribunal before the end of the 5-day STDC extension period. The Tribunal had cited the limited availability of venues and the lateness of the compulsory treatment order application as reasons; these were irrelevant as the obligation is straightforward and clear and not qualified by reference to reasonable practicability. An order was pronounced requiring the Tribunal administration to schedule a hearing within 5 days of the judicial review hearing. 2010-09-092006 cases, Brief summary, Scottish cases, 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. 2010-01-122006 cases, Best interests, Brief summary, Northern Irish 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.] 2009-11-302006 cases, No summary, Other criminal law cases, Scottish cases, Transcript
Paterson v Kent [2006] ScotSC 48 — Successful appeal against MHTS decision. [Summary required.] 2009-11-012006 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.] 2009-11-012006 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.] 2009-11-012006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
Byrne v Mental Health Tribunal for Scotland [2006] ScotSC 29 — MHTS decision set aside. [Summary required.] 2009-11-012006 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.] 2009-11-012006 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.] 2009-10-242006 cases, No summary, Other Tribunal cases, Scottish cases, 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. 2009-08-012006 cases, Brief summary, Miscellaneous, 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 2009-04-122006 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. 2009-04-122006 cases, Brief summary, Miscellaneous, 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.] 2009-04-122006 cases, Brief summary, Statutory will 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. 2009-04-122006 cases, Brief summary, ECHR, 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 2009-04-122006 cases, Brief summary, ECHR, 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. 2009-04-112006 cases, Brief summary, Sentence appeal cases, 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 ..→2009-04-102006 cases, Brief summary, Challenges to compulsory treatment, ECHR, 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). 2009-04-102006 cases, Brief summary, 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 2009-04-102006 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, 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 2009-04-092006 cases, Brief summary, Ministry of Justice, 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. 2009-04-092006 cases, Brief summary, ECHR, Life sentence cases, 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. 2009-01-172006 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. 2009-01-172006 cases, Brief summary, Diminished responsibility cases, Sentence appeal cases, 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. 2009-01-172006 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. 2009-01-172006 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. 2009-01-172006 cases, Brief summary, Miscellaneous, 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. 2008-12-282006 cases, Brief summary, Community care, 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. 2008-11-292006 cases, Brief summary, Other criminal law cases, Transcript
Re MAB; X City Council v MB [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. 2008-11-292006 cases, Capacity to consent to sexual relations, Detailed summary, Transcript
Stec v UK 65731/01 [2006] ECHR 393 — Judgment of Grand Chamber. State benefits, Article 1 of Protocol No 1 & Article 14. 2008-11-242006 cases, ECHR, No summary, Transcript, Welfare benefits cases
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.) 2008-09-252006 cases, Detailed summary, Other capacity cases, 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. 2008-09-132006 cases, After-care, No summary, Transcript
R v Golding [2006] EWCA Crim 1965 — Imposition of restriction order was justified on the facts. 2008-09-122006 cases, No summary, Restriction order cases, Transcript
R (T) v Nottinghamshire Healthcare NHS Trust [2006] EWHC 800 (Admin) — Unsuccessful challenge to s19 transfer from Rampton to Broadmoor. 2008-09-122006 cases, Brief summary, Miscellaneous, Transcript
Mersey Care NHS Trust v Ackroyd [2006] EWHC 107 (QB) — No public interest justification for disclosure of journalist's source. 2008-02-232006 cases, Miscellaneous, No summary, Transcript
R v Paula Staines [2006] EWCA Crim 15 — Court of Appeal refused to substitute s37/41 order for discretionary life sentence and s45A. 2008-02-222006 cases, Hybrid order cases, No summary, Transcript
Trust A v H (An Adult Patient) [2006] EWHC 1230 (Fam) — H lacked capacity to decide about medical treatment for her gynaecological condition; it was in her best interests to receive that treatment; appropriate sedation and restraint for pre- and post-operative treatment was lawful. 2008-02-222006 cases, Brief summary, Other capacity cases, Transcript
R (Care Principles Ltd) v MHRT; R (AL) v Care Principles Ltd [2006] EWHC 3194 (Admin) — The MHRT's decision to discharge from s2 was not flawed; the subsequent decision to re-detain under s3 was unjustified and unlawful. 2008-02-222006 cases, Detailed summary, Re-sectioning after hearing, Transcript
R (B) v London Borough of Lambeth [2006] EWHC 2362 (Admin) — The council's decision to postpone an offer of re-housing until shortly before possession proceedings which it had instituted was putting off the inevitable and amounted to a breach of s117. 2008-02-222006 cases, After-care, Brief summary, Transcript
R v Beatty [2006] EWCA Crim 2349 — Technical lifer's sentence quashed and substituted with s37/41. 2008-02-222006 cases, Life sentence cases, No summary, Transcript
Michael Stone v South East Coast Strategic Health Authority [2006] EWHC 1668 (Admin) — The public interest required publication in full of the Michael Stone inquest report; the decision to publish was justified and proportionate, and did not constitute an unwarranted interference with Article 8; no breach of the DPA was involved. 2008-02-222006 cases, Brief summary, Inquests, Transcript
R (JB) v Dr Haddock [2006] EWCA Civ 961 — Challenge to compulsory treatment. 2008-02-222006 cases, Challenges to compulsory treatment, No summary, Transcript
Savage v South Essex Partnership NHS Foundation Trust [2006] EWHC 3562 (QB) — For allegations of clinical negligence, the legal test applicable to a breach of Art 2, in respect of a patient detained under s3, is that of at least gross negligence of a kind sufficient to sustain a charge of manslaughter 2007-12-272006 cases, Brief summary, Miscellaneous, Transcript
R (MM) v SSHD [2006] EWHC 3056 (Admin) — "If, on the basis of medical evidence and other information which the Secretary of State has, he reasonably reaches the opinion that deterioration in the mental condition of the patient is likely to occur in the near future unless he is recalled to hospital, and that such deterioration would put the health and safety of the patient or others at risk, he is entitled to order recall." 2007-02-062006 cases, Brief summary, Ministry of Justice, Transcript
JE v DE and Surrey County Council [2006] EWHC 3459 (Fam) — In determining whether a person is deprived of his liberty, the crucial question is whether he is is “free to leave” the institution, not only for approved outings but also permanently to go or live where or with whom he chooses; there can be deprivation of liberty in the absence of a lock or physical barrier, and it can equally be caused by the misuse or misrepresentation of even non-existent authority 2007-01-202006 cases, Deprivation of liberty, Detailed summary, Other capacity cases, Transcript
R (O) v MHRT [2006] EWHC 2659 (Admin) — Patient can withdraw application between unfulfilled s72(3) recommendation and reconvened hearing. [Caution.] 2006-10-252006 cases, Detailed summary, Powers, Transcript
R (OS) v SSHD [2006] EWHC 1903 (Admin) — Home Office decision not to approve unescorted community leave following MHRT deferred conditional discharge was not unlawful; HO entitled to rely upon separate factors than those considered by MHRT, including absconsion risk flowing from immigration status. 2006-07-302006 cases, Detailed summary, Ministry of Justice, Transcript
R (B) v Dr SS [2006] EWCA Civ 28 — MENTAL HEALTH — Compulsory detention — Consent to treatment — Convicted rapist detained in secure mental hospital — Refusal to consent to treatment — Whether compulsory treatment in breach of human rights — Mental Health Act 1983 (c 20), s 58 — Human Rights Act 1998, Sch 1, Pt I, arts 3, 8, 14. The compulsory treatment of a mental patient under s58(3)(b) of the Mental Health Act 1983 did not infringe the patient’s human rights under arts 3, 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Provided such treatment was medically necessary, it was not necessary also to show that it was required to prevent the patient causing harm to himself or others. 2006-04-122006 cases, Challenges to compulsory treatment, Detailed summary, Transcript
R (K) v West London MH NHS Trust [2006] EWCA Civ 118 — MENTAL DISORDER — Secretary of State’s powers — Leave of absence — Patient granted leave of absence by registered medical officer — Patient wishing to make trial transfer to private sector medium security hospital — Secretary of State refusing to fund transfer — Whether Secretary of State (or his delegate) obliged to fund placement — Whether opinion of registered medical officer binding on Secretary of State — National Health Service Act 1977, s 3 — Mental Health Act 1983, s17. A mental health trust was not obliged to fund a placement for trial leave which a patient’s registered medical officer had decided under s 17 of the Mental Health Act 1983 was clinically appropriate. The opinion of a registered medical officer on a matter of clinical judgment was not binding on the Secretary of State for Health (or his delegate) performing functions under s 3 of the National Health Service Act 1977. 2006-04-122006 cases, Detailed summary, Ministry of Justice, Transcript

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The following 49 pages are in this category.