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
PFZ v West London MH NHS Trust (2011) Settlement 28/11/11 — PFZ, an informal patient with a long history of mental illness, was allowed to run away from hospital in a suicidal state, then jumped from a balcony sustaining and permanent and catastrophic spinal cord injury which left him tetraplegic and wheelchair-bound. He sued the Trust for negligent failure to provide him with adequate treatment. The Trust agreed to compensate him on the basis of 40% liability, and made an advance payment of £75,000; the full amount was yet to be assessed but to meet PFZ's care needs for the remainder of his life was estimated to require millions of pounds.	2011-12-10	2011 cases, Brief summary, Miscellaneous, No transcript
Hossack v Legal Services Commission (2011) EWHC 2700 (Admin) — Unsuccessful judicial review of a decision of the LSC rejecting the claimant's tender for the provision of legal services in the field of community care following a competitive tendering exercise in 2010.	2011-11-26	2011 cases, Brief summary, Miscellaneous, Transcript
R (O) v LB Hammersmith and Fulham (2011) EWCA Civ 925 — Dispute over accommodation for child in need.	2011-09-29	2011 cases, Detailed summary, Miscellaneous, Transcript
Selwood v Durham CC (2011) Newcastle-upon-Tyne county court 25/2/11 — The claimant social worker was not informed of a patient's threats to kill her and was subsequently stabbed by him; she sued the local authority and relevant NHS Trusts in negligence or breach of statutory duty and alternatively alleged a breach of Article 2. The Trusts' application for strike out was successful. [Note: permission to appeal this decision was later given.]	2011-08-22	2011 cases, Brief summary, Miscellaneous, Transcript
M v F (2011) EWCA Civ 273 — Unsuccessful appeal by the mother against a judgment refusing her a wide ranging series of declarations, the object of which was to deny the father (who suffered from mental illness) all knowledge of the birth and subsequent development of his legitimate child.	2011-08-22	2011 cases, Brief summary, Miscellaneous, Transcript
Ross v SSWP (2011) UKFTT 8/8/11 (SEC) — Unsuccessful application by BBC journalist to record and broadcast proceedings of First-tier Tribunal (Social Entitlement Chamber).	2011-08-16	2011 cases, Brief summary, Miscellaneous, Transcript
McKie v Swindon College (2011) EWHC 469 (QB) — An email sent by Swindon College, a past employer, to the claimant's then current employer, raising safeguarding issues, caused him to lose his job, for which Swindon were liable in negligence. (Full legal summary required.) (A forthright judgment: '[18] ... Even if there were any substance in that complaint at all, which as I say seems to me to be bordering on the ludicrous... [26] ... We are into the realms of hearsay upon hearsay. ... [27] ... I think when we actually look at the circumstances, we can see that the procedure adopted at Swindon College giving rise to the sending of the email, can be described as slapdash, sloppy, failing to comply with any sort of minimum standards of fairness, certainly any such standards as would be recognised by any judicial body taking decisions and disseminating information about another individual, because Mr Rowe agreed he had no personal knowledge of things at all. ... [29] So not only do I take the view that the contents of the email are ..→	2011-08-04	2011 cases, Brief summary, Miscellaneous, Transcript
Hossack v Legal Services Commission (2011) EWCA Civ 788 — Judicial review of rejection of tenders for community care law. [Summary required.]	2011-07-20	2011 cases, Miscellaneous, No summary, Transcript
Hackett v CPS (2011) EWHC 1170 (Admin) — Undue influence. [Summary required.]	2011-06-22	2011 cases, Miscellaneous, No summary, Transcript
C v D (2011) EWCA Civ 646 — (1) A settlement offer which is time-limited is not capable of being a Part 36 offer; (2) in the context of the intention to comply with Part 36, the statement that the offer be 'open for 21 days' did not mean that it was a time-limited offer (rather, it was indicating that it could be withdrawn after 21 days); (3) on the facts, the Part 36 offer had not expired and was capable of acceptance.	2011-05-28	2011 cases, Brief summary, Miscellaneous, Transcript
Clift v Slough BC (2010) EWCA Civ 1484 — An email from a local authority stating that Clift was on its violent persons register was published too widely: (1) the disproportionate publication was an unjustified breach of Article 8; (2) the Article 8 breach prevented the local authority from using the qualified privilege defence to defamation.	2011-04-30	2010 cases, Brief summary, Miscellaneous, Transcript
All About Rights Law Practice v LSC (2011) EWHC 964 (Admin) — The applicant law firm failed properly to complete the online documentation for the 2010 mental health tendering exercise and unsuccessfully challenged the LSC's decision not to award it a contract.	2011-04-30	2011 cases, Brief summary, Miscellaneous, Transcript
Jones v Kaney (2011) UKSC 13 — (1) The immunity from suit for breach of duty that expert witnesses have enjoyed in relation to their participation in legal proceedings is abolished. (2) This does not affect the absolute privilege that all witnesses enjoy in respect of claims in defamation.	2011-03-30	2011 cases, Brief summary, Miscellaneous, Transcript
R (PA) v Governor of Lewes Prison (2011) EWHC 704 (Admin) — The claimant's social phobia did not make him 'infirm by nature of disability' (within the meaning of PSI 31/2006) for the purpose of deciding whether or not to release on Home Detention Curfew.	2011-03-25	2011 cases, Brief summary, Miscellaneous, Transcript
R (AC) v Berkshire West PCT (2011) EWCA Civ 247 — The claimant, who suffered from gender identity disorder, unsuccessfully challenged the decisions to refuse funding for breast augmentation surgery and the underlying policies.	2011-03-18	2011 cases, Brief summary, Miscellaneous, Transcript
NMC Conduct and Competence Committee decision: Josiah Foeka Amara 18/2/11 — Nurse was struck off for misconduct. The following charges were proved: 'That you, on or around 19 December 2005, whilst working as a Staff Nurse on Vincent Ward at the Gordon Hospital, Bloomberg Street, London SW1V 2RH: (1) Purchased crack cocaine in the company of Patient A, a patient on the ward; (2) Took crack cocaine with Patient A; (3) Had sexual intercourse with an unknown female when Patient A was also present in your flat; AND in light of the above, your fitness to practise is impaired by reason of your misconduct.'	2011-02-24	2011 cases, Brief summary, Miscellaneous, Transcript
TW v A City Council (2011) EWCA Civ 17 — The Court of Appeal issued a reminder of the following: (a) that the bundle of authorities should be agreed; (b) that it should be filed at least seven days before the hearing; (c) that it should not contain more than ten authorities unless the scale of the appeal warrants more extensive citation; (d) that the relevant authorities should be copied from the official law reports, and only if not should reports from the All England Law Reports (All ER) or a specialist law report series be included. In addition, if a case is reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. BAILII judgments (with neutral citation numbers) should only be used if no other recognised reports were available and the case really needs to be cited; and (e) that the passages in the authorities which were relevant and on which counsel sought to rely must be marked.	2011-01-24	2011 cases, Brief summary, Miscellaneous, No transcript
Francis v GSCC (2010) UKFTT 434 (HESC) — The GSCC had refused to register Francis as a social worker under s58 Care Standards Act 2000 because (a) he had from 2005 to 2006 failed to register as a social worker but continued to act as such, (b) during the same period he had continued to act as an AMHP; (c) he had failed to inform his employer of his personal difficulties, (d) there was no adequate endorsement of his application. His appeal under s68 was dismissed.	2011-01-22	2010 cases, Brief summary, Miscellaneous, Transcript
GSCC conduct committee decision: Philip Julian Davies 10/12/10 — Social worker suspended for misconduct for 12 months. Two of the proven allegations were: '(4) Without authority, on or around 18th July 2008, you requested service user Mrs Z to sign financial papers after she had been diagnosed by a consultant psychiatrist as having a lack of mental capacity. (5) Between 20th May 2008 and 30th October 2009, you failed to ensure that an application for a Court of Protection order in respect of a service user Mr Z, was made expeditiously, or at all.'	2011-01-22	2010 cases, Brief summary, Miscellaneous, Transcript
Salisu v SSH (2011) UKFTT 1 (HESC) — The Applicant was guilty of misconduct within the meaning of Section 86(7)(a) Care Standards Act 2000 (convicted of ill-treatment under s127 MHA 1983) but was not unsuitable to work with vulnerable adults and children under s86(7)(b).	2011-01-22	2011 cases, Brief summary, Miscellaneous, Transcript
TTM v LB Hackney (2011) EWCA Civ 4 — (1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the MHA, it can be held liable in damages for false imprisonment when its unlawful act directly causes the detention; (2) although the hospital may act lawfully in detaining such a patient under s6(3) (if the application appeared to be duly made) that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) an application for detention that is made contrary to s11(4) (in the face of the Nearest Relative's objection) is in breach of Article 5(1); (4) Article 5(5) entitles a person detained in breach of Article 5(1) to compensation, and s139(1) (no liability unless bad faith or lack of reasonable care) can be read down so as to allow such a claim to proceed; (5) the word 'practicable' in s12(2) (requiring a recommendation from a doctor with previous acquaintance of the patient if practicable) should be ..→	2011-01-14	2011 cases, Consulting NR, Detailed summary, Miscellaneous, Transcript, Unlawful detention cases
Public Interest Lawyers v LSC (2010) EWHC 3277 (Admin) — (1) The verification process following the LSC's public law and mental health tendering process fell short of what was required by the Public Contract Regulations 2006. No objection was taken, nor could it be, to self-certification. But the self-certification supervisor forms did not require supervisors to confirm specifically the nature of the employment arrangements between them and the organisation or whether they had complied with the supervision standards set out in the contract, in particular the supervision experience or training course requirement (clause 2.28) and the 1:6 supervisor ratio requirement (clause 2.35). There may therefore be a number of firms with contracts who did not meet the supervision criteria, for example who have an external non-employed supervisor, or a part-time supervisor who is not employed for sufficient hours. The LSC must ensure, within a limited period, that all firms currently comply with the supervision standards; those who do not must have ..→	2010-12-16	2010 cases, Detailed summary, Miscellaneous, Transcript
Seal v UK 50330/07 (2010) ECHR 1976 — The claimant issued his claim on the eve of the limitation period without seeking leave under s139; the House of Lords had found that his claim was therefore a nullity. (1) No breach of Article 6 was found because (a) the six-year limitation period pursued a legitimate aim, (b) s139 was to restrict access to the court only where the claim was manifestly unmeritorious, and its general aim of protecting those who exercise powers under that Act, including the police, pursued a legitimate aim, (c) the decision to strike out did not impair the very essence of the applicant's right of access to court and was not disproportionate: he had not explained his delay or failure to seek leave, and should bear the consequences of his own decisions, and in any event could continue his non-MHA claims (2) No breach of Article 6 taken with Article 14 was found because he did not argue it in any substance and, by not having argued it previously, had failed to exhaust domestic remedies.	2010-12-09	2010 cases, Brief summary, ECHR, Miscellaneous, Transcript
C v D (2010) EWHC 2940 (Ch) — (1) A settlement offer which is time-limited (in this case it was open for acceptance for 21 days) is not capable of being a Part 36 offer; (2) on the facts, the offer had expired after 21 days and was not capable of acceptance. [Caution: partly overturned on appeal.]	2010-11-18	2010 cases, Detailed summary, Miscellaneous, Transcript
R (Royal College of Nursing) v SSHD (2010) EWHC 2761 (Admin) — Previous scheme established under the Safeguarding Vulnerable Groups Act 2006 which automatically prohibited those placed on lists established under the scheme from working with children and/or vulnerable adults was unlawful: the absence of a right to make representations breached their right to a fair trial.	2010-11-11	2010 cases, Detailed summary, Miscellaneous, Transcript
Hirst v UK (No 2) 74025/01 (2005) ECHR 681 — The blanket restriction on voting, which applies to all convicted prisoners in prison irrespective of the length of their sentence, the nature or gravity of their offence, or their individual circumstances, is unlawful.	2010-11-02	2005 cases, Brief summary, Miscellaneous, Transcript
Law Society v Legal Services Commission (2010) EWHC 2550 (Admin) — Family law tendering process declared unlawful because of the LSC's approach to accreditation. [Summary required.]	2010-10-18	2010 cases, Miscellaneous, No summary, Transcript
Breslin v McKenna (Omagh Bombing case) (2009) NIQB 50 — Omagh bombing civil judgment, including consideration of damages for psychiatric injury. [Summary required.]	2010-09-27	2009 cases, Miscellaneous, No summary, Transcript
Eagle v Chambers (2004) EWCA Civ 1033 — [Summary required.]	2010-09-27	2004 cases, Miscellaneous, No summary, Transcript
Hossack v Legal Services Commission (2010) EWHC 1457 (Admin) — (1) The function being discharged by the LSC in attempting to obtain files for peer review in accordance with contractual obligations did not have any public law dimension, so the decisions were not amenable to judicial review. (2) In any event: there were alternative contractual remedies; there was no realistic prospect of showing that the LSC acted unlawfully; there was no longer any live issue between the parties as the files had been delivered up. (3) Consideration would be given to the making of a civil restraint order.	2010-07-08	2010 cases, Brief summary, Miscellaneous, Transcript
TTM v LB Hackney (2010) EWHC 1349 (Admin) — (1) There was a division of opinion in the treating team so it was considered ‘impracticable’ to obtain two medical recommendations from doctors with previous acquaintance of the patient: this was lawful as a reasonable and proper exercise of judgment of what was in the patient’s best interests. (2) The hospital were entitled to rely on the s6(3) protection (that any application which appears to be duly made etc may be acted upon without further proof) because the managers were entitled to rely on the AMHP’s confirmation that there had been no objection from the NR and because there had been no breach of s12(2). (3) As an AMHP is treated as acting on behalf of the LSSA the relevant council is vicariously liable for any lack of care or bad faith on the part of an AMHP: the council was therefore the correct defendant. (4) The proposed claim was based on the AMHP’s mistaken belief that the NR had not objected. A duty of care existed but there was no reasonable prospect of ..→	2010-06-12	2010 cases, Consulting NR, Detailed summary, Miscellaneous, Transcript
R (AC) v Berkshire West PCT (2010) EWHC 1162 (Admin) — The claimant, who suffered from gender identity disorder, unsuccessfully challenged the decisions to refuse funding for breast augmentation surgery and the underlying policies.	2010-05-26	2010 cases, Brief summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2010) EWHC 865 (QB) — (1) The Trust had breached Article 2 as (a) they had the requisite knowledge, actual or constructive, of a real and immediate risk to the patient's life from self harm, and (b) failed to do all that could reasonably have been expected of it to avoid or prevent that risk. (2) The patient's daugher was eligible to bring the claim as a victim under s7 HRA 1998. (3) Compensation of £10,000 was awarded.	2010-05-01	2010 cases, Brief summary, Miscellaneous, Transcript
Link Lending Ltd v Bustard sub nom Link Lending Ltd v Hussein (2010) EWCA Civ 424 — (1) The defendant to these possession proceedings was "a person in actual occupation" for the purpose of entitlement to an overriding interest within the meaning of the Land Registration Act 2002 despite her involuntary residence in hospital under s3 MHA, as there was a sufficient degree of continuity and permanence of occupation and a persistent intention to return home when possible. (2) There is no single test but relevant factors from case law are: the degree of permanence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the property and the reason for it, and the nature of the property and personal circumstances of the person.	2010-05-01	2010 cases, Detailed summary, Miscellaneous, Transcript
Mezey v South West London and St George's Mental Health NHS Trust (2010) EWCA Civ 293 — Dr Mezey had admitted a conditionally-discharged patient informally to a secure ward without informing the Home Office, and granted him unescorted leave that day without personally assessing him; the patient went AWOL and killed a stranger. The Trust's formal investigation, although it found her conduct inappropriate and not in accordance with the standards of good practice, did not call into account her capability to practise. The Trust were therefore not entitled to convene a capability panel under the Maintaining High Professional Standards in the modern NHS (MHPS) framework.	2010-03-30	2010 cases, Brief summary, Miscellaneous, Transcript
Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church (2010) EWCA Civ 256 — The claimant brought proceedings, by the Official Solicitor as his litigation friend, against the Archdiocese for damages for sexual abuse in 1975/6 by Father Clonan: (1) the priest's sexual abuse of the claimant was so closely connected with his employment that it would be fair and just to hold the Archdiocese vicariously liable; (2) obiter, the Archdiocese owed a duty of care to the claimant and was negligent.	2010-03-26	2010 cases, Brief summary, Miscellaneous, Transcript
Bath and North East Somerset Council v AJC (1999) MHLR 184 — As a Tribunal order for discharge had not been challenged, it had to be given effect, despite the local authority’s view that it was invalid: the purported renewal was therefore of no effect. [MHLR.]	2010-02-26	1999 cases, Brief summary, Miscellaneous, No transcript
JF v LB Hackney, Re TF (A Child: Guardianship) (1999) MHLR 175 — A desire to return to an inadequate home is not “seriously irresponsible” and so cannot found a conclusion that there is mental impairment. [MHLR.]	2010-02-26	1999 cases, Brief summary, Miscellaneous, No 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
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
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
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
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
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 (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.]	2009-10-31	2002 cases, Miscellaneous, 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 (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
Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.]	2009-10-30	2001 cases, Miscellaneous, 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 (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 (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
R (C) v SSJ (2009) EWHC x (Admin) — The decision to make C subject to polygraph testing as a condition of his licence did not breach the his Article 8 rights given the seriousness of his offences and his attitude to them; that the scheme was a pilot in his geographical area did not amount to discrimination under Article 14.	2009-10-24	2009 cases, Brief summary, Miscellaneous, No 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
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
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 (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
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 (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
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
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 (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 (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 (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
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
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 (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 (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 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).	2009-04-11	2000 cases, Consulting NR, Miscellaneous, No summary, 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 (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
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
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
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
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 (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
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 (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
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
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
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
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
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
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
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
AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB) — Negligence.	2008-09-12	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.'	2008-09-12	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.	2008-09-12	2008 cases, Detailed summary, Miscellaneous, Smoking, Transcript
Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case.	2008-09-12	2008 cases, Miscellaneous, No summary, Transcript
Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract.	2008-09-12	2007 cases, Miscellaneous, 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
Mersey Care NHS Trust v Ackroyd (2006) EWHC 107 (QB) — No public interest justification for disclosure of journalist's source.	2008-02-22	2006 cases, Miscellaneous, No summary, Transcript
Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source.	2008-02-22	2007 cases, Miscellaneous, No summary, Transcript
Decision of the Social Security Commissioner (2007) UKSSCSC CSS 239 2007 — Appeal against the removal of entitlement to Severe Disablement Allowance by Social Security (Hospital In-Patients) Regulations 2005 was unsuccessful	2008-02-22	2007 cases, Brief summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2007) EWCA Civ 1375 — Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."	2007-12-27	2007 cases, Detailed summary, Miscellaneous, 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	2007-12-27	2006 cases, Brief summary, Miscellaneous, Transcript
Seal v. Chief Constable of South Wales Police (2007) UKHL 31 — MENTAL DISORDER — Leave to bring proceedings — Civil proceedings — Police officers removing claimant to place of safety — Claimant bringing action against officers without obtaining leave of High Court — Whether failure to obtain leave rendering proceedings nullity — Mental Health Act 1983, s 139(2). It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity.	2007-07-17	2007 cases, Detailed summary, Miscellaneous, Transcript
Seal v Chief Constable of South Wales Police (2005) EWCA Civ 586 — Mental disorder — Practice — Leave to bring proceedings — Claim by patient for damages against police officers — Failure to obtain leave to bring proceedings — Whether proceedings rendered nullity — Whether subsequent grant of leave permissible — Mental Health Act 1983, s139(2). It was a mandatory requirement to seek leave from the High Court under s 139(2) of the Mental Health Act 1983 to bring civil proceedings for actions purported to be done under that Act. Failure to seek leave rendered the proceedings a nullity.	2007-07-17	2005 cases, Detailed summary, Miscellaneous, Transcript
Ward v Commissioner of Police for the Metropolis (2003) EWCA Civ 1152 — Implied 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	2003 cases, Brief summary, Miscellaneous, Transcript
Ward v Commissioner of Police for the Metropolis (2005) UKHL 32 — Mental disorder — Place of safety order — Validity of detention — Warrant naming health professionals to accompany constable — Named persons absent when warrant executed — Whether warrant and execution valid — Whether power in magistrate to specify names — Mental Health Act 1983 (as amended by Police and Criminal Evidence Act 1984, s 119(1)(2), Sch 7, Pt I), s 135(1). A condition imposed by a magistrate issuing a warrant under s135 of the Mental Health Act 1983 specifying named persons to accompany the constable executing the warrant had been invalid.	2007-02-07	2005 cases, Detailed summary, Miscellaneous, Transcript
R (A) v Partnerships in Care Ltd (2002) EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted.	2007-02-07	2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript
R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct.	2007-02-07	2002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript
R (Duncan and Mackintosh) v Legal Aid Board (2000) EWHC Admin 294 — Unsuccessful claim against Legal Aid Board.	2006-04-16	2000 cases, Miscellaneous, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2003) EWCA Civ 1036 — Departure from Code of Practice.	2006-04-16	2003 cases, Miscellaneous, No summary, Transcript
W v Egdell (1989) EWCA Civ 13 — Independent psychiatrist owes a duty to the public as well as a duty of confidence to the patient. (Independent doctor disclosed his unfavourable report directly to the RMO. Claim for breach of confidence dismissed.)	2006-04-15	1990 cases, Brief summary, Miscellaneous, Transcript
R (D) v SSHD (2004) EWHC 2857 (Admin) — Delay in transfer between hospitals.	2006-04-15	2004 cases, Miscellaneous, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58 — The Code of Practice is guidance rather than instruction, but must not be departed from in the absence of cogent reasons; the Ashworth seclusion policy, although deviating from the standards in the Code of Practice, was lawful.	2006-04-12	2005 cases, Brief summary, Miscellaneous, Transcript