Category:No summary

From Mental Health Law Online

Jump to: navigation, search
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 X (Deprivation of Liberty) (No 2) (2014) EWCOP 37, (2014) MHLO 98 — "I need now to supplement and elaborate what I said in my previous judgment in relation to Questions (7), (9) and (16). For ease of reference I set out those questions again: '(7) Does P need to be joined to any application to the court seeking authorisation of a deprivation of liberty in order to meet the requirements of Article 5(1) ECHR or Article 6 or both? (9) If so, should there be a requirement that P … must have a litigation friend (whether by reference to the requirements of Article 5 ECHR and/or by reference to the requirements of Article 6 ECHR)? (16) If P or the detained resident requires a litigation friend, then: (a) Can a litigation friend who does not otherwise have the right to conduct litigation or provide advocacy services provide those services, in other words without instructing legal representatives, by virtue of their acting as litigation friend and without being authorised by the court under the Legal Services Act 2007 to do either or both …?' These ..→2014-10-162014 cases, Deprivation of liberty, Missing from Bailii, No summary, Transcript
Re JL (Revocation of LPA) (2014) EWCOP 36, (2014) MHLO 97 — "I am satisfied that (1) AS has behaved in a way that contravenes her authority and is not in JL's best interests, and (2) JL lacks capacity to revoke the LPA herself, and I shall revoke the LPA for her. With regard to the appointment of a deputy for property and affairs, I consider that it would be in JL's best interests to appoint the authorised officer for property and affairs deputyships of Essex County Council as her substantive deputy. He is already acting as her interim deputy by virtue of my order of 10 June 2014 and JL has expressed a preference that he should continue to manage her funds." 2014-10-092014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
HK v Llanarth Court Hospital (2014) UKUT 410 (AAC), (2014) MHLO 95 — (1) Guidance for tribunals on writing reasons. (2) First-tier Tribunal decision set aside for inadequate reasons. (Summary to follow.) 2014-09-252014 cases, No summary, Transcript, Upper Tribunal decisions
DG v Peter (2014) EWCOP 31, (2014) MHLO 94 — Contested application for the appointment of a deputy for property and affairs. 2014-09-092014 cases, No summary, Other capacity cases, Transcript
X v A Local Authority (2014) EWCOP B25, (2014) MHLO 92 — "X is a retired lawyer who has suffered, or appears to have suffered, from Korsakoff's syndrome, a mental illness related to the over-consumption of alcohol. ... X now has capacity to make decisions as to residence, care and medical treatment and that has been amply demonstrated in the case. Even if he has other problems he can reflect and logically reason, and is much improved from the man he was last December. That does not mean he will not relapse. It does not mean that he will not be foolish enough to resume drinking but, in my judgment, in all the circumstances it would be inappropriate to make a declaration under section 48 and in those circumstances, in the absence of a standard authorisation, his compulsory detention comes to an end." 2014-08-152014 cases, Deprivation of liberty, No summary, Transcript
N v E (2014) EWCOP 27, (2014) MHLO 91 — "This judgment relates primarily to the costs of the proceedings and, in particular, whether M should be made to pay her own costs or whether they should be assessed and paid from E's estate. ... The judgment concludes with a brief discussion of how the court was able to salvage E's preferences for medical treatment at the end of her life from the wreckage caused by the termination of the appointment of her health-care proxy. This aspect of the proceedings was uncontested and reflects the consensus of all parties." 2014-08-152014 cases, COP costs cases, No summary, Transcript
NMcM v SSWP (DLA) (2014) UKUT 312 (AAC), (2014) MHLO 88 — "What is meant by the statutory expression 'a state of arrested development or incomplete physical development of the brain'? This is one, but only one, of a number of tightly defined conditions which must be satisfied under the 'severe mental impairment' (SMI) rules in order to qualify for the higher rate of the mobility component of disability living allowance (DLA). It is the main issue arising on this appeal. Social Security Commissioner’s decision R(DLA) 2/96 has long been recognised as authority for the proposition that the human brain is fully developed before an adult reaches the age of 30. On that basis it has been consistently held that a person who suffers from what would otherwise be regarded as 'a state of arrested development or incomplete physical development of the brain' does not qualify under the SMI rules if that condition first occurs after the age of 30 (e.g. as a result of traumatic brain injury). I refer to this as the 'age 30 cut-off rule'. In the light of ..→2014-08-082014 cases, Miscellaneous, No summary, Transcript
Re X (Deprivation of Liberty) (2014) EWCOP 25, (2014) MHLO 86 — "The immediate objective, in my judgment, is to devise, if this is feasible, a standardised, and so far as possible 'streamlined', process, compatible with all the requirements of Article 5, which will enable the Court of Protection to deal with all DoL cases in a timely but just and fair way. The process needs, if this is feasible, to distinguish between those DoL cases that can properly be dealt with on the papers, and without an oral hearing, and those that require an oral hearing. In my judgment, that objective is feasible and can be achieved. ... This is a preliminary judgment, setting out briefly my answers to those of the 25 questions which require an early decision if the objective I have identified is to be carried forward. It concentrates on the issues directly relevant to what I will call the 'streamlined' process. It sets out no more than the broad framework of what, in my judgment, is required to ensure that the 'streamlined' process is Article 5 compliant. Additional, ..→2014-08-072014 cases, Deprivation of liberty, ICLR summary, No summary, Transcript
JP v SSWP (DLA) (2014) UKUT 275 (AAC), (2014) MHLO 81 — "This appeal raises the issue of whether the claimant, who was 12 years old at the date of the hearing, should have been allowed to give evidence to the tribunal or at least to attend the hearing. I have decided that the approach to children, whether as witnesses or as persons present in the hearing room, has to be updated in order to be consistent with the international obligations on the rights of children, the right to a fair hearing and the right to family life. This approach is reflected in decisions of the Court of Appeal and Supreme Court in family cases. Doing so, requires some modification to the guidance given by the Tribunal of Commissioners in R(DLA) 3/06 and some care in applying the Senior President’s Practice Direction." (Welfare benefits case.) 2014-08-032014 cases, Miscellaneous, No summary, Transcript
R (SA (Holland)) v SSHD (2014) EWHC 2570 (Admin), (2014) MHLO 79 — 'In these proceedings the claimant SA challenges his detention by the defendant under immigration powers. ... Permission was granted ... on what were then grounds 1 and 3 of the grounds of claim: that the defendant made public law errors in the application of her policy for detention of the mentally ill (ground 1) and that the claimant's detention was in breach of the Hardial Singh principles ... (ground 3). Ground 2 claimed that the policy on the detention of the mentally ill was itself unlawful. ... in the light of the decision of the Court of Appeal in R (Das) v SSHD the claimant no longer pursues that ground.' 2014-08-012014 cases, No summary, Repatriation cases, Transcript
Re UF (No 2) (2014) EWCOP 18, (2014) MHLO 78 — 'The proceedings were launched by AF, UF's youngest daughter, in August 2013 as a challenge under section 21A MCA 2005 to the standard authorisation of deprivation of liberty. The remit of my enquiry at this hearing was defined by order of Charles J in May 2014, thus: (i) Is it in UF's best interests to return to her home to live with a contingency plan of maintaining her current placement for a period of time? (ii) Should direction be given to the LPA finance about releasing equity from UF's property to pay for her care? (iii) Should the LPA finance be replaced by a Deputy appointed by the Court? (iv) Would any care regime at home still represent a deprivation of liberty?' 2014-08-012014 cases, Deprivation of liberty, No summary, Transcript
Re A (A Child) (2014) EWCOP 920, (2014) MHLO 77 — 'A, the young person with whom I am concerned, will be 16 years old in June of this year. At the time I am hearing this application, brought by an NHS Foundation Trust, A weighs just 5 ½ stones and has been in hospital for 10 months. ... On the 9th January 20014 the Trust applied for declarations inter alia (i) that it is lawful and in the best interest of A to have a Nasojejunal tube inserted and reinserted on any occasion that it is removed; (ii) it is lawful and in the interest of A to receive fluids, nutrition and medications through a Nasojejunal tube; (iii) it is lawful and in A's best interest to receive treatment (to include psychiatric, psychological and medication as prescribed by her consultant treating psychiatrist) and assessment by the child and adolescent mental health team.' 2014-08-012014 cases, Best interests, No summary, Transcript
Re RGS (No 3) (2014) EWCOP B12, (2014) MHLO 76 — 'The primary issue was whether it continued to be in RGS's best interests to reside at X Care Home having regard to the fact that he had been injured there. The two secondary issues concerned contempt of court and reporting restrictions.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Re RGS (No 2) (2013) MHLO 147 (COP) — 'On 19 July 2013, by consent and on the basis of several independent assessments the court declared that it remained in RGS's best interests to live at X Care Home and for contact with his son to be regulated and supervised, and if necessary temporarily suspended.' 2014-08-012013 cases, No summary, Other capacity cases, Transcript
Re P (capacity to tithe inheritance) (2014) EWCOP B14, (2014) MHLO 74 — Headnote from judgment: 'Application by the local authority deputy for property and affairs — Whether P has capacity to tithe 10% of his inheritance to the Church of the Latter Day Saints — Mental Capacity Act 2005 test and the common law test in Re Beaney — Whether such a gift is in P's best interests — Whether P has litigation capacity' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Derbyshire County Council v Kathleen Danby (2014) EWCOP B22, (2014) MHLO 73 — 'Before me today the local authority contends that this Respondent Grandmother, Kathleen Danby, is in breach to a significant degree of the injunction granted by Her Honour Judge Thomas. ... Accordingly, I take a serious view of the behaviour of Kathleen Danby and it is plain to me that unless restrained by serious punishment she will simply continue to behave the way she has. I remind myself that the case of Hale v. Tanner sets out that punishment is not the aim of the court, but rather to express its concern at breaches of its orders and the need to effect protection. In those circumstances, in my judgment, there should be a suitable punishment. ... In the circumstances for each and every one of these breaches of the injunction I shall sentence this lady to three months' imprisonment concurrently. I shall issue a warrant for her arrest and list the matter for review, I think in two months' time, unless Miss Cavanagh tells me that it is a wrong date to choose, in which case I shall ..→2014-08-012014 cases, No summary, Other capacity cases, Transcript
A Local Authority v TZ (No 2) (2014) EWCOP 973, (2014) MHLO 72 — 'The principal focus of the latest assessments has been the issues that may arise as TZ endeavours to meet, and form intimate relations with, other men. TZ is clear that he wishes to have the opportunity to have these experiences, and all professionals involved in supporting him agree that he should be given that opportunity. The question is whether he had the capacity in respect of decisions that may have to be made when that opportunity arises. Following discussion at the hearing, it was agreed that the issues now arising can be summarised as follows: (1) What is the relevant decision in respect of which the question of capacity arises? (2) Does TZ lack capacity in respect of that decision? (3) If yes, what orders should be made in TZ's best interests? (4) Should the court appoint the local authority to act as TZ's welfare deputy?' 2014-08-012014 cases, Capacity to consent to sexual relations, No summary, Transcript
A Local Authority v B, F and G (2014) EWCOP B21, (2014) MHLO 71 — 'The local authority seeks that the father and grandmother should not have any contact with her save by indirect supervised telephone calls once every four weeks and no other. The local authority takes the view that that position should continue for a period of five years. ... However, should the restriction of applications to Court be as long as five years? I have borne in mind the very careful submissions of Ms. Lattimer, and I bear in mind, too, that B wants to see her father, even though she does not appreciate the dire emotional effects he appears to have had on her. I have concluded that it would be right to restrict applications to vary the injunction for a period of four years only. That is still a very substantial period and quite outside the norm.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
A Local Authority v B, F and G (2014) EWCOP B18, (2014) MHLO 70 — 'This case raises the novel point as to whether or not a Hadkinson order can be granted in the Court of Protection and whether or not, in the circumstances of this particular case, it should be. I am unaware of there being any previous such orders in the Court of Protection, though it seems to me that that is no impediment to one being made in a case like this involving contempt, such as this.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Re DP: Public Guardian v John Marney (2014) EWCOP 7, (2014) MHLO 69 — 'The Senior Judge concluded that JM was in breach of his fiduciary duties as an attorney and that he had "behaved in a way that has both contravened his authority and has not been in DP's best interests. ... At the end of the day the issue is really very simple. Why should JM be protected from the normal consequence of a judicial finding of misconduct, namely the identification of the wrongdoer in a published judgment? Nothing JM has said, or which could sensibly be put forward on his behalf, provides any reason why, looked at from his perspective, he should be spared the consequences of his misbehaviour. If publication of his identity and re-publication of the Senior Judge's findings, lowers JM in the estimation of right-thinking readers of the Daily Mail or other organs of the media, then so be it. He has only himself to blame. Why should JM be any more entitled to anonymity, just because the only judicial finding thus far has been made by the Court of Protection, than he would be ..→2014-08-012014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
Press Association v Newcastle Upon Tyne Hospitals Foundation Trust (2014) EWCOP 6, (2014) MHLO 68 — 'This application arising from proceedings in the Court of Protection raises questions about the continued confidentiality after a person's death of information gathered during litigation occurring during her lifetime. The first question is whether an order that preserving the person's anonymity (and hence the confidentiality of information about her) can continue to have effect after her death. If such a power exists, the second question is whether it should be exercised in the present case. For the reasons set out below, I consider that the court does have the power to preserve the anonymity of the protected person after death but that in this case the balance falls in favour of lifting that anonymity.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
LB Redbridge v G (No 4) (2014) EWCOP 5, (2014) MHLO 66 — 'Stripped of all rhetoric, the essential point here is very simple: it is that ANL made an application, to be joined in proceedings in which it had no legally recognised interest, which was seemingly unprecedented (para 52 of my previous judgment), which was, as I said, misconceived and which failed completely. The question at the end of the day is whether in all the circumstances, and having regard in particular to the matters referred to in CoPR 2007 rule 159, it is right to depart from the general rule in rule 157. In my judgment it is, given the way in which I have characterised ANL's application and the reasons why it failed. But that does not mean that ANL should necessarily have to pay all the costs, and I have concluded that that would be to go too far. There are, in my judgment, three factors which, taken in combination, justify this conclusion: first, the public importance of the issues; secondly, the stance adopted beforehand in particular by the Official Solicitor; and, ..→2014-08-012014 cases, COP costs cases, No summary, Transcript
County Durham and Darlington NHSFT v PP (2014) EWCOP 9, (2014) MHLO 65 — 'The Trust seeks the Courts authority, and corresponding declarations, as to P's treatment, in particular the possible withdrawal, or non-escalation of, life-sustaining treatment as part of an end of life care package. The Trust contends (and interim declarations have been made to this effect already) that P lacks the capacity to litigate, and to make decisions in relation to the serious medical treatment in issue in this application. Specifically the Trust seeks the following declarations pursuant to section 15(1)(c) of the Mental Capacity Act 2005: (a) That it is lawful and in P's best interests to continue to receive artificial hydration via subcutaneous injection. (b) That it is lawful and in P's best interests that the Trust's treating clinicians shall be permitted: (i) Not to provide artificial nutrition by a percutaneous endoscopic gastrostomy tube or via an alternative artificial feeding regime; and (ii) Not to resuscitate her in the event of either a cardiac or respiratory ..→2014-08-012014 cases, 39 Essex Street summary, Best interests, No summary, Transcript
Re EU (Appointment of deputy) (2014) EWCOP 21, (2014) MHLO 64 — 'EU's sons, JU and TU, have objected to an application by Suffolk County Council to be appointed as his deputy for property and financial affairs. ... Having regard to all the circumstances, therefore, I am satisfied that it is in EU's best interests to appoint Suffolk County Council to be his deputy for property and affairs and to dismiss his sons' objections.' 2014-08-012014 cases, No summary, Other capacity cases, Transcript
Re VH (Revocation of Lasting Power of Attorney) (2014) EWCOP 15, (2014) MHLO 63 — 'This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney ('LPA') for property and financial affairs. ... Because of DH's lack of credibility, his inexperience in assessing capacity, his vested interest in the outcome, and because of the complicated nature and effect of the particular transaction that he required VH to enter into, I prefer the Special Visitor's opinion that she probably lacked capacity to DH's bold assertion that his mother 'fully understood what she was doing' when she entered into the mortgage and handed over to him the money that had been advanced by Barclays Bank. I am not satisfied that on 21 October 2011 VH had the capacity to enter into the transaction, which not only severely depleted her capital but also had adverse impact on her income, and I am not prepared retrospectively to approve the gift because it was neither reasonable nor affordable. VH may need these funds in future to pay for her care, ..→2014-08-012014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
The Mental Health Trust v DD (2014) EWCOP 11, (2014) MHLO 61 — 'DD is 36 years old. She is at an advanced stage of pregnancy. She has had an extraordinary and complex obstetric history and is now expecting her sixth baby. She has a mild to borderline learning disability, and an autistic spectrum disorder. By application dated 23 May 2014, the Applicants seek declarations and orders in relation to the care and health of DD during the final stage of her current pregnancy, and in the safe delivery of the unborn baby. Specifically, and significantly, they seek a declaration as to the lawfulness in arranging for DD's baby to be delivered by planned caesarean section. The Applicants seek a further order authorising the conduct of an assessment of DD's capacity to make decisions about contraception, following the imminent birth. DD's five older children are all cared for by permanent substitute carers; four of the children have been adopted.' (Gazette case report available.) 2014-08-012014 cases, 39 Essex Street summary, Best interests, No summary, Transcript
The Mental Health Trust v DD (2014) EWCOP 8, (2014) MHLO 60 — 'The issues for decision relate to DD, a woman in her mid thirties with diagnoses of autistic spectrum disorder and borderline learning disabilities. In summary they are: (a) Whether DD lacks capacity to make decisions in relation to her healthcare and, in particular, lacks capacity to consent to a placental localisation scan and an ante natal assessment; (b) Whether it is in her best interests to undergo such a scan and assessment; (c) Whether the Applicants should be authorised to take such necessary and proportionate steps so as to give effect to the 'best interests' declaration to include forced entry, restraint and sedation. This brief judgment is given for two reasons (i) to set out my capacity and best interests' determinations and (ii) for the benefit of Cobb J who is to be the allocated judge at two further hearings.' 2014-08-012014 cases, Best interests, No summary, Transcript
An NHS Trust v J (2014) EWCOP 2675, (2014) MHLO 58 — 'This application concerns an elderly lady of 79 years whom I shall call "Mrs J". She has longstanding mental health problems and now also cancer. Many professionals concerned for her welfare have with much care and diligence come to the view that it is in her best interests for her to have investigations and to receive treatment; but she is resistant and, in spite of all professional efforts and advice, not willing to consent. Accordingly, on 3rd July 2014, the relevant NHS Trust issued a notice of application in the Court of Protection seeking declarations: (1) that Mrs J lacks capacity to litigate in these proceedings; (2) that she lacks capacity to take decisions about the proposed medical investigations and treatment; and (3) that it is in her best interests to have those investigations and treatment. ... Taking all aspects of the case into account and weighing them up, I have come to the conclusion that Mrs J's best interests would be served by the proposed investigations and ..→2014-08-012014 cases, Best interests, No summary, Transcript
X County Council v M (2014) EWHC 2262 (Fam), (2014) MHLO 54 — "On 16 May 2014 I heard two applications by the Applicant local authority, namely: (i) an application under the inherent jurisdiction of the High Court for permission not to disclose to the First Respondent, M, the care plan for her unborn child namely to remove the child at birth; and (ii) a reporting restrictions order to prohibit a publication of the above application, the hearing of the same and the order made by the court. I granted those applications at a hearing on 20 May at which further evidence in support of the applications had been filed. I reserved judgment." 2014-07-282014 cases, No summary, Other capacity cases, Transcript
R (MD) v SSHD (2014) EWHC 2249 (Admin), (2014) MHLO 52 — "In my judgment, the Claimant's detention was unlawful from the 21st October 2011 until her release on the 13th September 2012 by reason of a breach of the third Hardial Singh principle and from the 16th February 2012 until her release on the 13th September 2012 due to the failure of the Defendant to properly understand and apply her policy regarding the detention of those with serious mental illness to the circumstances of the Claimant's case. So the Claimant's detention was unlawful both at common law and under Article 5 of the ECHR. I have also found that the Claimant's treatment by the Defendant by detaining her in the circumstances I have set out above amounted to inhuman and degrading treatment in breach of Article 3 of the ECHR." 2014-07-242014 cases, No summary, Repatriation cases, Transcript
R (O) v SSHD (2014) EWCA Civ 990, (2014) MHLO 47 — "This issue on this appeal is whether the Secretary of State for the Home Department ("the Secretary of State") could continue lawfully to hold the appellant, O, in immigration detention from 24 July 2010 to 6 July 2011 notwithstanding a change in the diagnosis of her mental illness and medical opinion that she should be cared for in the community. ... Accordingly, I would dismiss this appeal. The new diagnosis of Dr Agnew-Davies proposed a new treatment for curing her illness but her condition could still be satisfactorily managed in detention. She could still be held in an acceptable stable mental condition in detention under the existing treatment. In any event, there was a risk of reoffending and absconding. While these would have diminished with the passage of time, there still needed to be safeguards if O was released into the community and these were not put in place to the satisfaction of the court until 6 July 2011 when she was in fact released on bail." 2014-07-172014 cases, No summary, Repatriation cases, Transcript
Re X (A Child) (2014) EWHC 1871 (Fam), (2014) MHLO 41 — "Some time ago I heard an urgent application relating to a girl who at the date of the hearing before me was aged 13 years and 9 months. She was at the time the subject of ongoing care proceedings being heard by another judge. She was approximately 14 weeks pregnant. The father of the unborn child was aged 14. The issue before me was whether or not the pregnancy should be terminated. The care proceedings have not yet come to a conclusion but I do not think that I should further delay giving judgment explaining my decision and my reasons for it. ... Given that X's expressed wishes at the end of the hearing thus accorded with my assessment of her best interests, it was clearly appropriate for me to supply the necessary consent to enable the termination to proceed." 2014-06-132014 cases, Best interests, No summary, Transcript
R (ZYN) v Walsall MBC (2014) EWHC 1918 (Admin), (2014) MHLO 40 — "The issue raised by this case is whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. ... For the reasons given, I find that the Council's policy on charging for the cost of social care services is unlawful insofar as it takes account of any of the capital derived from the claimant's personal injury settlement." 2014-06-122014 cases, Community care, No summary, Other capacity cases, Transcript
North Somerset Council v LW (2014) EWCOP 3, (2014) MHLO 39 — "At the conclusion of the hearing on 23 April an issue about costs arose. ... I am in no doubt that, on the evidence before me, UHBT fell well short in meeting their duties to LW and her unborn child. ... The cumulative effect of these factors is that part of the hearing on 15 April and the whole of the hearing on 16 April, were completely ineffective. Accordingly I am satisfied that in the premises the court is justified in departing from the general rule that there be no order as to costs: rr 157 & 159. ... Accordingly I propose to order that UHBT pay the whole of the Official Solicitor's costs of 15 and 16 April. In contrast the hearing of 23 April was an effective hearing albeit I ultimately made no order on the full evidence then before the court. Thus the usual rule will apply in respect of the hearing on 23 April, namely UHBT will pay one half of the Official Solicitor's costs for that hearing. Those costs are to be assessed, if not agreed, on a standard basis. In respect of ..→2014-06-102014 cases, No summary, Other capacity cases, Transcript
North Somerset Council v LW (2014) EWHC 1670 (Fam), (2014) MHLO 38 — "In those circumstances I am satisfied that if the mother were to learn of the plan to remove her child at birth there is a very real risk she would harm herself and a very very real risk that she would cause physical harm to her baby. ... On the exceptional facts of this case I was wholly satisfied that the balance fell decisively in favour of making the [Reporting Restrictions Order]. It was the only proportionate course to be taken to secure the safety of the mother and of the child. ... At the hearing on 6 May it was agreed by all parties that the RRO had served its time limited purpose. I, therefore, discharged the order. ... I am in no doubt that the only order I can make in EW's welfare best interests is an interim care order." 2014-06-102014 cases, No summary, Other capacity cases, Transcript
Sheffield Teaching Hospitals NHS Foundation Trust v TH (2014) EWCOP 4, (2014) MHLO 37 — "On the 14th May 2014 I granted declarations in respect of TH, a 52 year old man presently in a minimally conscious state at what has been described as the lower end of the spectrum of that condition (i.e. a very profound disorder of consciousness). There is no doubt TH lacks capacity to litigate in these proceedings and also lacks the capacity to give or withhold consent to his medical treatment. ... In relation to withdrawal of nutrition and hydration I am persuaded that the correct course is to adjourn this issue to provide for a structured clinical assessment to evaluate whether there is evidence that TH's primary neurological pathways are sufficiently intact to permit any evidence of awareness to be detected and fully to assess, over a set period of time, TH's general awareness, responsiveness and capacity to experience pain. The National Clinical Guidelines have been drawn to my attention in some detail and Professor Barnes has highlighted the benefits of a standard assessment ..→2014-06-102014 cases, No summary, Other capacity cases, Transcript
LB Haringey v CM (2014) EWCOP B23, (2014) MHLO 36 — "This is an objection by a family member to the London Borough of Haringey's application to be appointed as GW's deputy for property and affairs. ... Accordingly, I allow Haringey's application and dismiss CM's objection, and shall make an order appointing the authorised officer of Haringey Council as GW's deputy for property and affairs on the understanding that it is in GW's best interests, and less restrictive of his rights and freedom of action, for him to retain control over his own expenditure to a limit of £200 a week. I am surprised that CM persisted with her application to manage her uncle's property and finances after he had expressed such trenchant opposition to her in his interview with the Special Visitor. ... Nevertheless, GW's views have not always been consistent and this matter was listed for an attended hearing on 22 May 2014, anyway, and in the circumstances I see no reason to depart from the usual order for costs..." 2014-06-102014 cases, No summary, Other capacity cases, Transcript
An NHS Foundation Hospital v P (2014) EWHC 1650 (Fam), (2014) MHLO 35 — "This short judgment explains the reasons for an order I have just made as the out of hours judge in the middle of the night on 13th and 14th May 2014 on an extremely urgent application by a hospital foundation trust for a declaration that it is lawful for its doctors to treat a seventeen-year-old girl following a drug overdose notwithstanding her refusal to consent to that treatment." 2014-06-082014 cases, No summary, Other capacity cases, Transcript
The Public Guardian v JW (2014) EWCOP B24 , (2014) MHLO 34 (COP) — "In his application to the court, the Public Guardian sought two orders. The first was for the revocation of the LPA and the second was for the appointment of a panel deputy." 2014-06-082014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
R (LV) v SSJ (2014) EWHC 1495 (Admin), (2014) MHLO 33 — "In the light of authority, Mr Southey accepts that he cannot submit as a matter of principle that the system by which the Claimant's release was considered by two successive bodies, the Tribunal and the Parole Board, is in conflict with the Claimant's Article 5(4) rights. ... He goes on to argue that, on the facts as they are here, if there were to be two hearings before two bodies, the state had a legal obligation to ensure expedition throughout the overall process. He says there was no such expedition, since the review of the legality of the Claimant's detention took almost 22 months from the date when the Claimant applied to the Tribunal on 24 May 2011 to the decision of the Parole Board on 21 March 2013. Within that period, Mr Southey makes a series of specific complaints as to periods of delay. ... The claim for judicial review is dismissed as against both Defendants. ... Although it took a considerable time to be resolved, there was in my view no breach of the obligation on the ..→2014-05-182014 cases, Deprivation of liberty, No summary, Transcript
Re Gladys Meek (2014) EWCOP 1, (2014) MHLO 32 — "This is the hearing of an application by Mr Hugh Adrian Scott Jones, the property and affairs deputy for Gladys Meek, for: (i) authority pursuant to section 18(1)(i) of the Mental Capacity Act 2005 to execute a statutory will on behalf of Mrs Meek; and (ii) consequential directions in relation to Mrs Meek’s property and affairs, and in particular: (a) an order calling in the £275,000 security bond of Mrs Meek’s two former property and affairs deputies, Mrs Janet Miller and Mrs Margaret Phyllis Johnson; and (b) a direction as to whether the deputy should refer the conduct of Mrs Miller and Mrs Johnson to the police." 2014-05-182014 cases, No summary, Other capacity cases, Transcript
Northamptonshire Healthcare NHS Foundation Trust v ML (2014) EWCOP 2, (2014) MHLO 31 — "The Applicants seek declarations that: (i) ML lacks capacity to litigate and/or to make decisions about his care and /or residence; (ii) it would be in ML's best interest to reside at Bestwood Hospital; (iii) it would be in ML's best interest to undergo treatment at Bestwood Hospital until such time as he is able to be discharged to a suitable assisted living package in the community. Behind these deceptively simple draft declarations is a history of professional and family conflict which has frequently been bitter and occasionally rancorous (amongst the professionals). It is a case which has engendered many high emotions in people who feel strongly about the important nature of the work they are involved in and who are very highly motivated to achieve the best outcomes for ML. Some, though certainly not all, witnesses have overstated their cases, been selective in their use of material, emotive in their use of language, disrespectful to those who hold contrary views. In consequence, ..→2014-05-182014 cases, Best interests, Deprivation of liberty, No summary, Transcript
Milton Keynes Council v RR (2014) EWCOP B19, (2014) MHLO 30 — Unlawful detention by Milton Keynes Council (outrageous). 2014-05-182014 cases, Deprivation of liberty, No summary, Transcript
LB Redbridge v G (No 3) (2014) EWCOP 1361, (2014) MHLO 29 — 'These are personal welfare proceedings in the Court of Protection. They relate to an elderly lady, G, who is 94 years old. She is represented by the Official Solicitor as her litigation friend. The proceedings were launched, in circumstances I describe below, by the London Borough of Redbridge. The two other parties to the proceedings are G's two carers, C and F. I have before me an application by Associated Newspapers Limited (ANL), publishers of the Daily Mail.' (Munby P.) 2014-05-102014 cases, No summary, Other capacity cases, Transcript
LB Redbridge v G (No 2) (2014) EWCOP 959, (2014) MHLO 28 — "It seems to me that, weighing these matters one against the other, it is not in G's best interests for her to be able or permitted to communicate with the press at this stage; she has expressed at least ambivalent feelings, it appears, about the engagement of the media. I am further concerned that any private information which G vouchsafes to a journalist at this stage may, of course, be exposed to more public examination in the event that the Reporting Restriction Order is subsequently varied or discharged. Until the court can take a clearer view about G's capacity to make such relationships with the press it is, in my judgment, clearly in G's best interests that I should make an interim order that she should not make such communications. ... The second matter which I have been invited to adjudicate upon is what, if any, role should be played by the Applicant authority in the interim period between now and the 2nd May hearing. ... I therefore propose to accede to the application of ..→2014-05-102014 cases, No summary, Other capacity cases, Transcript
Re MRJ (Reconsideration of Order) (2014) EWCOP B15, (2015) MHLO 27 — "This is an application to reconsider an order I made on 27 September 2013: (a) suspending the applicants from acting as MRJ's attorneys under a Lasting Power of Attorney ('LPA') for property and financial affairs until further order; and (b) appointing the authorised officer of Suffolk County Council as MRJ's interim deputy with instructions to investigate the applicants' management of her finances. ... In my judgment, the revocation of the LPA is in MRJ's best interests. It is in accordance with the law, and it is a necessary and proportionate response for the prevention of crime and for the protection of MRJ's right to have her financial affairs managed competently, honestly and for her benefit." 2014-05-102014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
The Local Authority v HP (2013) EWCOP B40, (2013) MHLO 145 — "The Local Authority have brought proceedings in respect of HP in the Court of Protection and seek final declarations that she lacks the capacity to, firstly, litigate; secondly, marry; thirdly consent to sexual relations; fourthly decide what care package to accept; fifthly, decide where to live and with whom; and, sixthly, decide to have contact with her family and others. ... They now accept that it is not necessary for a declaration in respect of capacity to marry. ... The Local Authority also ask that the court should consider, firstly, whether authorisation should be granted as to HP's deprivation of liberty, and, second, a declaration as to the medical issues of contraception by Depo-Provera injection, and whether it continues to be in her best interest to be provided with such treatment." 2014-05-022013 cases, No summary, Other capacity cases, Transcript
R (LH) v Shropshire Council (2014) EWCA Civ 404, (2014) MHLO 18 — "This is an appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre. LH is 63 years old, has a learning disability, has been assessed as having substantial care needs and has been using the services of Hartleys Day Centre in Shrewsbury. Shropshire Council ("the Council") has decided to close that day centre as a result of its re-thinking of day centre care in the county; that re-thinking is itself a result partly of budgetary constraints and partly of encouragement from central Government to give disabled people their own personalised budget for spending in relation to their disability. The Council contends that it consulted generally about the new system which it brought in and made clear that some day centres would close; LH contends by JL (her litigation friend and sister) that LH and others should have been consulted in relation to the closure of Hartleys itself ..→2014-04-072014 cases, Community care, No summary, Transcript
Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16 — (1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty. 2014-03-202014 cases, Deprivation of liberty, No summary, Transcript
The Local Authority v Mrs D (2013) EWHC B34 (COP), (2013) MHLO 140 — "These proceedings were heard in private however this judgement is being published at the request of the respondents in order to explain the thinking of the court when approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998 ('HRA'), which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR. ... However, despite this non-admission of liability, the Local Authority had offered in compromise: (a) an apology to Mrs D for the delay in bringing these proceedings; (b) to pay a sum of £15,000 to Mrs D; (c) to pay the reasonable costs of the action incurred by Mrs D's litigation friend; (d) to pay a sum of £12,500 to her husband Mr D; (e) to pay Mr D's reasonable costs of the action. ... For all of the above reasons therefore, the Court's view was that the totality of the compromise represented a reasonable settlement and in the circumstances represented sufficient satisfaction for the alleged breaches of ..→2014-03-052013 cases, Deprivation of liberty, No summary, Transcript
Newcastle upon Tyne Hospitals Foundation Trust v LM (2014) EWHC 454 (COP), (2014) MHLO 14 — "On 18 February, an application was made by the Newcastle upon Tyne Hospitals Foundation Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah's Witness. ...At the end of the hearing I granted the application and made the following declaration: 'It shall be lawful for the doctors treating LM to withhold blood transfusions or administration of blood products notwithstanding that such treatments would reduce the likelihood of her dying and might prevent her death.' ... In consequence, I find that LM made a decision that the doctors rightly considered must be respected. In the alternative, if LM had not made a valid, applicable decision, I would have granted the declaration sought on the basis that to order a transfusion would not have been in her best interests. Applying s.4(6) in relation to the specific issue of blood transfusion, her wishes and feelings and her long-standing beliefs and values carried ..→2014-03-052014 cases, No summary, Other capacity cases, Transcript
LB Redbridge v G (2014) EWHC 485 (COP), (2014) MHLO 13 — "Before the case can proceed any further a decision has to be reached as to capacity; if G lacks capacity and if she does whether it is because of mental impairment within the meaning of the MCA sections 2 and 3 or if not whether she is a vulnerable adult deprived of capacity by constraint, coercion or undue influence and so entitled to the protection of the court under its inherent jurisdiction. ... I have found, on the balance of probabilities, that G lacks capacity under sections 2 and 3 of the MCA 2005 and accordingly this case falls under the jurisdiction of the Court of Protection. I do not consider it necessary to rule on any application under the inherent jurisdiction. ... The Public Guardian asked that the court vary the order of the 15th November 2013 directing C not to exercise any of the powers conferred on her under the LPA in respect of G in relation to her health and welfare. It is my intention to so direct. ... Rule 90 (3) allows me to authorise any person or class of ..→2014-03-052014 cases, No summary, Other capacity cases, Transcript
JS v KB and MP (Property And Affairs Deputy for DB) (2014) EWHC 483 (COP), (2014) MHLO 12 — "This cautionary tale illustrates vividly the dangers of informal family arrangements for an elderly relative who lacks mental capacity, made without proper regard for: (i) the financial and emotional vulnerability of the person who lacks capacity; and (ii) the requirements for formal, and legal, authorisation for the family's actions, specifically in relation to property and financial affairs. ... For the reasons set out above, the order I make is that: (i) JS shall pay four-fifths of the deputy's litigation costs to date; (ii) JS shall pay two-thirds of the litigation costs of KB. Given the possibility that JS will be unable to fund the costs within a reasonable time, either from the sale of the Spanish property or otherwise, I propose to allow MP to explore the mechanics of an equity release scheme to permit JS to discharge her liability for costs by way of a loan against the equity in Beech Avenue. I give MP leave to apply for such a scheme. ... I give further leave to MP to ..→2014-03-052014 cases, No summary, Other capacity cases, Transcript
Westminster City Council v Sykes (2014) EWHC B9 (COP), (2014) MHLO 11 — "It is my view that it is in Ms S's best interests to attempt a one-month trial of home-based care. Very helpfully, at the end of the final hearing the local authority told me that if I rejected its primary case, and decided on such a trial, they would put a transitional plan in place to enable the trial to proceed. ... Having thought about the issue carefully, I have decided on balance - and it is quite finely balanced - that lifting the usual veil of anonymity is appropriate. In my opinion this is a relatively unusual case where the case for being named outweighs that in favour of continuing the usual anonymity. MS’s personality is a critical factor. She has always wished to be heard. She would wish her life to end with a bang not a whimper. This is her last chance to exert a political influence which is recognisable as her influence." 2014-03-042014 cases, Best interests, No summary, Transcript
Re ES: Kent County Council v PLC and AJS (2014) EWHC B6 (COP), (2014) MHLO 10 — "Because there has been a challenge to their competence and integrity, which AJS and PLC have failed to rebut, it would not be in ES’s best interests to appoint either of them to be her deputy for property and affairs. ... I decided that, in the first instance, the court would approach ES’s own solicitors, Hallett & Co, to see whether they would be willing to act, failing which a panel deputy would be appointed." 2014-03-042014 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
Heart of England NHS Foundation Trust v JB (2014) EWHC 342 (COP), (2014) MHLO 9 — "My conclusion is that JB undoubtedly has a disturbance in the functioning of her mind in the form of paranoid schizophrenia (as to which she lacks insight), but that it has not been established that she thereby lacks the capacity to make a decision about surgery for herself. On the contrary, the evidence establishes that she does have capacity to decide whether to undergo an amputation of whatever kind. She now appears to be open to having the below-knee operation that the doctors recommend. Whether she has it will be a matter for her to decide for herself with the support of those around her." 2014-03-042014 cases, No summary, Other capacity cases, Transcript
Re DP (Revocation of LPA): OPG v John Marney (2014) EWHC B4 (COP), (2014) MHLO 8 — "Having regard to all the circumstances, therefore, I am satisfied that JM has behaved in a way that has both contravened his authority and has not been in DP's best interests. Accordingly, I revoke the LPA under section 22(4)(b) of the Mental Capacity Act 2005 and direct the Public Guardian to cancel the registration of the instrument under paragraph 18 of Schedule 1 to the Act. I also direct that a member of the panel of deputies be invited to make an application to be appointed as deputy to manage DP's property and affairs." 2014-03-042014 cases, LPA cases - all, LPA cases - other, No summary, Transcript
Re X, Y and Z (Minors) (2014) EWHC 872 (COP), (2014) MHLO 6 — "On 20th and 29th November 2013, sitting as a judge in the Family Division and in the Court of Protection, I made final orders by consent in two conjoined proceedings (1) under Part IV of the Children Act 1989 care orders in respect of three children and (2) under the Mental Capacity Act 2005 authorising the payment of sums to facilitate the care of the children from funds held in trust for their mother (hereafter referred to as "P") who is a person lacking capacity within the meaning of the 2005 Act. This judgment sets out the reasons for making those orders." 2014-03-042014 cases, No summary, Other capacity cases, Transcript
Practice Guidance (Transparency in the Court Of Protection) (2014) EWHC B2 (COP), (2014) MHLO 5 — "The Guidance will have the effect of increasing the number of judgments available for publication (even if they will often need to be published in appropriately anonymised form)." 2014-03-042014 cases, No summary, Other capacity cases, Transcript
Re PW (Court of Protection Order) (2014) EWHC B8 (COP), (2014) MHLO 4 — "The applicant in this matter, Sunderland City Council, brings these proceedings for committal against Lindsey M for breach of an order which this court made on 14th October 2013. ... Lindsey M admits that on 28th October she breached the order which the court had made and therefore brought herself within breach of the suspended order for imprisonment which the court had made on 14th October. Upon that date the court made a suspended order, which was suspended upon the basis that she complied with the previous court order and that she did not seek to have contact, or go into the property of PW. ... In all the circumstances, it seems to me that before I determine what is an appropriate sentence in all the circumstances it would be preferable to see whether Miss M, in fact, does carry out what she says to the court she will do, namely not to have a relationship with PW. I make it clear for Miss M's sake that if there are no further breaches then I will deal with the admitted breach by ..→2014-03-042014 cases, No summary, Other capacity cases, Transcript
AB v LM (2013) EWHC 1234 (COP), (2013) MHLO 139 — "I find on paying close attention to Dr P's advice, but also considering the contribution of Dr G, that Lisa does possess the abilities required to lead to the conclusion that she has capacity to make decisions about whether or not to have sexual relations. She is somebody who has been full to sexually active in the past; she has had children; she understands the rudiments of the sexual act; she has a basic understanding of issues of contraception and the risks of sexually transmitted diseases. The area in which she is weakest is her ability to understand the implications for herself should she become pregnant. Pregnancy for Lisa would be an extremely serious state of affairs; there can be no doubt about that. But her weakness in that respect does not, for me, lead to the conclusion that her capacity is absent; it argues for her to receive continued safeguarding and help, advice and explanation as and when the question of sexual activity might become a reality." 2014-02-152013 cases, Capacity to consent to sexual relations, Missing from Bailii, No summary, Transcript
Arshad v Court of Magistrates Malta (2013) EWHC 3619 (Admin), (2013) MHLO 138 — Extradition case with mental health background. [Summary required.] 2013-12-302013 cases, No summary, Repatriation cases, Transcript
R v G (A) (2013) EWCA Crim 2256, (2013) MHLO 130 — Unsuccessful appeal against restriction order. [Summary required.] 2013-12-302013 cases, Missing from Bailii, No summary, Restriction order cases, Transcript
Re P (Caesarian) (2013) MHLO 127 (COP) — The press has reported this case as follows: Peter Jackson J decided that, in the event of a Caesarian scar rupturing during labour, it was in P's best interests that doctors could intervene and perform a Caesarean section. 2013-12-302013 cases, No summary, No transcript, Other capacity cases
R v Fry (David George) (2013) EWCA Crim 2337, (2013) MHLO 126 — Unsuccessful appeal against conviction. Summary from judgment: "The central complaints are that his legal team (a) failed to ensure that he was mentally and/or emotionally able to decide whether or not on give evidence; (b) failed to ensure that he properly understood that an adverse inference might be drawn by the jury if he did not give evidence; (c) failed to ensure that he properly understood that if he did not give evidence the jury would have no account from him as to the allegation made by SB, given that he had declined to answer questions during his police interview about those allegations; (d) failed to make the judge aware of his mental difficulties before she decided whether or not the jury should be directed that they might, subject to various conditions, draw an adverse inference from his failure to give evidence; (e) failed to place evidence of his mental condition before the jury to explain his failure to give evidence; and (f) in the circumstances to which we have ..→2013-12-302013 cases, Missing from Bailii, No summary, Other criminal law cases, Transcript
R (Greenough) v SSJ (2013) EWHC 3112 (Admin), (2013) MHLO 124 — The decision not to authorise exceptional Legal Aid funding for representation at an inquest into the death of Paul Shovelton (who died in his own home on the day following his discharge from hospital) was lawful. 2013-12-212013 cases, Miscellaneous, No summary, Transcript
Kirklees MBC 11 004 229 (2013) MHLO 122 (LGO/PHSO) — Ombudsmen find maladministration in case involving deprivation of liberty. [Summary required.] 2013-12-212013 cases, LGO decisions, No summary, Transcript
Re P (A Child) (2013) EWHC 4048 (Fam), (2013) MHLO 116 — Decision of Munby P on reporting restrictions in 'forced caesarian' case - full judgment, including detailed chronology. [Summary required.] 2013-12-172013 cases, No summary, Other capacity cases, Transcript
R (Muaza) v SSHD (2013) EWHC 3764 (Admin), (2013) MHLO 112 — "These two cases raise common issues over the lawfulness of the exercise by the Secretary of State for the Home Department of her powers of detention in respect of immigration detainees whose refusal to take food and fluids causes them life threatening physical conditions, and over whether there comes a stage at which such a detainee's continued detention after the refusal to take food or fluids involves a breach of rights under Articles 2 and 3 of the European Convention on Human Rights." [Summary required.] 2013-12-152013 cases, Missing from Bailii, No summary, Repatriation cases, Transcript
Re PO: JO v GO (2013) EWHC 3932 (COP), (2013) MHLO 110 — Judgment relating to Hague Convention on the International Protection of Adults 2000 and MCA 2005 sch 3. [Summary required.] 2013-12-132013 cases, No summary, Other capacity cases, Transcript
Re P (A Child) (2013) EWHC 4383 (Fam), (2013) MHLO 106 — Decision of Charles J on reporting restrictions in 'forced caesarian' case. [Summary required.] 2013-12-112013 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
ACCG v MN (2013) EWHC 3859 (COP), (2013) MHLO 104 — The Court of Protection may, exceptionally, in determining whether a local authority has breached convention rights, consider best interests beyond the available options. "[86] I find therefore that: (i) As restated by Baroness Hale in Aintree 'the court has no greater powers than the patient would have if he were of full capacity'. (ii) Judicial review remains the proper vehicle through which to challenge unreasonable or irrational decisions made by 'care providers' and other public authorities. (iii) There may be rare cases where it appears to those representing a party that a public authority, in failing to agree to provide funding for or a particular form of care package, is acting in a way which is incompatible with Convention rights. In those circumstances, notwithstanding the fact that such an option is not available and before the court, the court may exceptionally, pursuant to a formal application made under s7(1)(b) HRA, conduct an assessment of the person's best ..→2013-12-072013 cases, Best interests, No summary, Transcript
Re AA (2012) EWHC 4378 (COP), (2012) MHLO 182 — Judgment of Mostyn J in 'Italian forced caesarian' case. [Summary required.] 2013-12-042012 cases, Best interests, No summary, Transcript
Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103 — Care proceedings judgment in 'Italian forced caesarian' case. [Summary required.] 2013-12-032013 cases, Miscellaneous, No summary, Transcript
Re M (Best Interests: Deprivation of Liberty) (2013) EWHC 3456 (COP), (2013) MHLO 97 — "These Court of Protection proceedings under Section 21A of the Mental Capacity Act 2005 were brought in May 2013 on behalf of a 67-year-old lady named M. ... M wants to return to her own home, a bungalow that, until she went into residential care, she had shared for much of the time with her partner of 30 years." [Summary required.] 2013-11-122013 cases, Deprivation of liberty, No summary, Transcript
A Local Authority v SY (2013) EWHC 3485 (COP), (2013) MHLO 96 — "It is plain from all of the evidence before me that SY lacks the capacity to litigate and the capacity to make decisions about her residence, her contact with others, her care package and to enter a contract of marriage. I find the care package proposed by the authority and the orders sought are in SY's best interests. Accordingly, I make all of the orders sought. I am satisfied that, on the facts of this case, the appropriate and proportionate course is for the court, of its own motion, to invoke the inherent jurisdiction of the High Court and to make the declaration that the ceremony in which SY was involved on 10 June 2012 was a non-marriage." [Summary required.] 2013-11-122013 cases, Capacity to consent to sexual relations, No summary, Transcript
Aintree University Hospitals NHS Foundation Trust v David James (2013) UKSC 67, (2013) MHLO 95 — "This is the first case under the Mental Capacity Act 2005 to come before this Court. That Act provides for decisions to be made on behalf of people who are unable to make decisions for themselves. Everyone who makes a decision under the Act must do so in the best interests of the person concerned. The decision in this case could not be more important: the hospital where a gravely ill man was being treated asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold from him treatment which will keep him alive? On the other hand, when can it be in his best interests to inflict severely invasive treatment upon him which will bring him next to no positive benefit?" [Summary required.] 2013-10-312013 cases, Best interests, No summary, Transcript
A Local Authority v ED (2013) EWHC 3069 (COP), (2013) MHLO 92 — "The issues: (1) Does she have litigation capacity? (2) Does she have capacity to make decisions as to: (i) Where she should live; (ii) Contact; (iii) Her personal care needs; (iv) The removal of her pubic hair; (v) Whether or not she can consent to give an Achieving Best Evidence interview. (3) If the answer to any of the above is 'no', what are her best interests in respect of each? (4) Should there be a protocol governing the enquiries to be made, (which could be used in the investigation by the police/Local Authority and/or Official Solicitor if in post), of purported allegations made by her as to, for example, physical assaults upon her? If yes, what should be the operative terms and conditions of such a protocol?" [Summary required.] 2013-10-232013 cases, Best interests, COP costs cases, No summary, Transcript
A Local Authority v TZ (2013) EWHC 2322 (COP), (2013) MHLO 91 — "The principal issue to be determined in this judgment in proceedings brought in the Court of Protection is whether a 24-year-old man, whom I shall hereafter refer to as TZ, has the capacity to consent to sexual relations." [Summary required.] 2013-10-042013 cases, Capacity to consent to sexual relations, No summary, Transcript
Re CM (Judicial Review) (2013) CSOH 143, (2013) MHLO 84 — "The petitioner asks the court to declare that the respondents' 'policy of a complete smoking ban and prohibition of possession of tobacco products by patients at the State Hospital' is unlawful; and also to declare that the respondents' policy has breached the petitioner's human rights, specifically article 8 of the European Convention on Human Rights (right to respect for private life and home) as a stand‑alone claim and in combination with article 14 ECHR (enjoyment of Convention rights without discrimination) and the first protocol, article 1 ECHR (right not to be deprived of property) as a stand-alone claim and in combination with article 14 ECHR (enjoyment of Convention rights without discrimination). ... I have come to the view, though with reluctance, that the decision to compel the petitioner to stop smoking was flawed in every possible way. In that it relied on compulsion, the decision was contrary to the national policy which it purported to implement. The decision should ..→2013-08-302013 cases, No summary, Scottish cases, Transcript
MK v JK (2013) EWHC 4334 (COP), (2013) MHLO 81 — "MK made an application to the court to be appointed Personal Welfare Deputy for JK and that is how these proceedings commenced. However, all parties accept that the one issue is residence and that it is to be determined by a court ... it is in his best interests to move to the CNC Home on the basis that his placement at the Home will be retained for eight weeks so that he has somewhere to return should the move to the CNC Home fail... I think it would be very rare for the court to consider it right to delegate its issue-resolving function to a Deputy on any significant issue of principle such as residence, type of care, treatment and such like ... Article 8 of the Convention rights ... I do think that putting in place a State-appointed decision-maker – which is what a Deputy is – is a considerable interference with family life and would therefore have to justify the twin requirements of legitimate aim and proportionality. One can never say never, but it is hard at the moment to ..→2013-08-302013 cases, Best interests, No summary, Transcript
A Local Authority v WMA (2013) EWHC 2580 (COP), (2013) MHLO 79 — "The case concerns the future of a twenty five year old man, WMA, and where he should live plus what help should be given to him. It raises complex issues about best interests and deprivation of liberty. ... there is no doubt in my mind it is WMA's best interests to move to B ... if one looks at WMA's isolation, the refusal to engage with outside agencies, the poor conditions in the home and the absence of friends, save one for MA, of both mother and son and contrasts them with the opportunities for WMA at B then the opportunity for a higher quality private life is clear. ... I confess for my part it is not easy to follow the reasoning of the Cheshire West decision. That said, I agree strongly with the Official Solicitor that moving WMA to B would be a deprivation of liberty ... The local authority now concedes there will be a deprivation of liberty, at least because the move will be involuntary. I would go further and note that WMA at least in the short term objects to the ..→2013-08-242013 cases, Best interests, Deprivation of liberty, No summary, Transcript
An NHS Trust v DE (2013) EWHC 2562 (Fam), (2013) MHLO 78 (COP) — "In my judgment it is overwhelmingly in DE’s best interests to have a vasectomy. That being said the court does not make such an order lightly, conscious as it is that for the court to make an order permitting the lifelong removal of a person’s fertility for non-medical reasons requires strong justification." [Summary required.] 2013-08-162013 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
Pearce v Beverley (2013) EW Misc 10 (CC), (2013) MHLO 77 — "This is a claim by the Claimant, Colette Pearce following the death of her father, John Pearce on 23rd July 2008. Colette Pearce seeks to challenge a number of transactions made by her father which are said to be subject to the undue influence of the Defendant, Elizabeth Beverley or are otherwise voidable. She also challenges the validity of the will he purported to make on 20th June 2007. ... In the circumstances Elizabeth Beverley has not satisfied me that John Pearce had the capacity to make a will on 20th June 2007." [Summary required.] 2013-08-162013 cases, No summary, Other capacity cases, Transcript
An NHS Trust v L (2012) EWHC 4313 (Fam), (2012) MHLO 180 (COP) — "By application made on 6 August 2012 an NHS Trust seeks a declaration that in the event of a patient, called "Mr L" for the purposes of these proceedings, suffering a cardiac arrest and/or a respiratory arrest and/or other serious deterioration in his condition, it would not be in his best interests for active resuscitation and/or other similar treatment to be provided. ... I am persuaded that the balance comes down firmly against the provision of active resuscitation and/or other similar treatment and in favour of granting the Trust's application. ... Harsh though it will sound, in my judgment to take the opposite course would indeed be, as was said in the evidence, to prolong Mr L's death and not to prolong, in any meaningful way, his life. I repeat Dr Bell's powerful analysis - It would result in Mr L's death being characterised by a series of harmful interventions without any realistic prospect of such treatment producing any benefit." [Summary required.] 2013-08-142012 cases, No summary, Other capacity cases, Transcript
Loughlin v Singh (2013) EWHC 1641 (QB), (2013) MHLO 71 — "On 28 October 2002, when he was 12 years old, the Claimant was seriously injured in a road traffic accident. He was riding his bicycle when he was struck by a vehicle driven by the First Defendant. This was a trial for an assessment of damages, in which a number of contested issues fell to be resolved. ... The parties are in dispute as to whether the Claimant has capacity to conduct litigation and manage his property and affairs. ... Therefore, I conclude, notwithstanding the legal presumption in favour of capacity, that the Claimant does not have capacity within the relevant legal definition. ... Annex: Professor Barnes' evidence is so unreliable that it should be rejected for the following reasons... District Judge Eldergill was unaware, when he made the order on 28 April 2010 appointing Mr Hugh Jones as the Claimant's deputy, that there was any medical evidence to the effect that the Claimant had capacity. He was not told about Dr Huddy's report, nor did he have any inkling of the ..→2013-08-082013 cases, No summary, Other capacity cases, Transcript
RC v CC (2013) EWHC 1424 (COP), (2013) MHLO 68 — "The main application before the court is in fact not by CC but by her birth Mother RC. There was indirect contact between CC and RC until 2010/11 at a rate of 6 or 12 monthly letters, drawings, photographs and cards organised by the adoption agency [Birmingham City Council] through the adoptive Mother. That indirect contact stopped when the adoptive parents separated. By her application dated 2nd October 2012 to the Court of Protection RC applies to reintroduce such indirect contact. I suspect [but have not been formally told] that she would of course like direct contact in due course were it feasible. The case is highly unusual in that ordinarily a birth parent cannot by application to a court reintroduce herself to a birth child after adoption. It is only CC's incapacity that enables an application to be made." [Summary required.] 2013-08-082013 cases, No summary, Other capacity cases, Transcript
An NHS Foundation Trust v M and K (2013) EWHC 2402 (COP), (2013) MHLO 67 — "The painful and difficult issues now to be faced by M's family, the medical team that have cared for him so diligently over many years, and ultimately this court, is to what extent should M be treated in Intensive Care or be given cardio-pulmonary resuscitation in the event that there is a further deterioration in his condition." [Summary required.] 2013-08-082013 cases, No summary, Other capacity cases, Transcript
Republic of South Africa v Dewani (2013) EW Misc 8 (MC), (2013) MHLO 64 — Immigration case. [Summary required.] 2013-08-082013 cases, No summary, Repatriation cases, Transcript
R (T (Sri Lanka)) v SSHD (2013) EWHC 1093 (Admin), (2013) MHLO 62 — Immigration case. [Summary required.] 2013-08-082013 cases, No summary, Repatriation cases, Transcript
A Local Authority v HS (2013) EWHC 2410 (COP), (2013) MHLO 58 — "These applications for costs against the local authority are made by the Official Solicitor on behalf of the First Respondent and by the Third Respondent, HLS, who is the brother of the First Respondent." [Summary required.] 2013-08-012013 cases, COP costs cases, Missing from Bailii, No summary, Transcript
Re Joan Treadwell (Deceased); OPG v Colin Lutz (2013) EWHC 2409 (COP), (2013) MHLO 57 — "This judgment concerns an application by the Public Guardian to enforce a security bond in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and affairs, Colin Lutz." [Summary required.] 2013-08-012013 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
Sandwell MBC v RG (2013) EWHC 2373 (COP), (2013) MHLO 55 — "I have been told that within the area of this particular local authority there are a number of incapacitated adults who have been the subject of arranged or forced marriages, and that it is important to send a strong signal to the Muslim and Sikh communities within their area (and, indeed, elsewhere) that arranged marriages, where one party is mentally incapacitated, simply will not be tolerated, and that the marriages will be annulled. ... Like the Official Solicitor, I am completely unpersuaded that his best interests require or justify that it is now annulled." [Summary required.] 2013-07-302013 cases, Capacity to consent to sexual relations, No summary, Transcript
R (Lee-Hirons) v SSJ (2013) EWHC 1784 (Admin), (2013) MHLO 54 — "For the detailed reasons set out above I am satisfied that the decision to recall the Claimant was lawful because there had been a deterioration in his mental health since the hearing before the Tribunal. I find that there is a duty to give the patient who is being recalled oral reasons for that decision. I am satisfied that the Claimant was told of the reasons for his recall. I therefore dismiss the claim for damages for false imprisonment and breaches of article 5 of the ECHR, and I dismiss the claim for a declaration." [Summary required.] 2013-07-202013 cases, Ministry of Justice, No summary, Transcript
Re SK (2013) MHLO 49 — "This is the final hearing of proceedings under the Mental Capacity Act 2005 concerning Mr SK, a mentally incapacitated adult aged 56. Various questions and issues have arisen at this hearing, but in the end they have mostly been dealt with by agreement. This Judgment is concerned with the question of SK's residence and whether the order made should be a 'final' or 'interim' order." [Summary required, but detailed external summary available.] 2013-07-042013 cases, No summary, Other capacity cases, Transcript
Y County Council v ZZ (2012) EWHC B34 (COP), (2012) MHLO 179 (COP) — "This is an application made by Y County Council in the Court of Protection in relation to Mr ZZ, a man of young middle age. I am invited to make a number of declarations in relation to Mr ZZ. First, I am asked to find that he lacks litigation capacity on the issues in this case. Second, I am invited to declare that he lacks capacity to decide upon the restrictions relevant to supporting his residence and care. Finally, I am asked to declare that he is being deprived of his liberty, but that it is lawful as in his best interests pursuant to schedule A1 of the Mental Capacity Act 2005. Mr ZZ is represented by the Official Solicitor. He has been present throughout the hearing and has conducted himself with dignity throughout. Indeed, he gave unsworn, oral evidence before me in an entirely courteous and helpful way." [Summary required.] 2013-06-062012 cases, Deprivation of liberty, No summary, Transcript
SL v Westminster City Council (2013) UKSC 27, (2013) MHLO 45 — "The short issue raised by this appeal is whether the respondent (SL), a failed asylum-seeker, was at the relevant time in need of 'care and attention', requiring the provision of accommodation by the local authority under section 21(1)(a) of the National Assistance Act 1948. Burnett J decided that he was not, but that decision was reversed by the Court of Appeal ... I consider that Burnett J reached the right result for substantially the right reasons." [Summary required.] 2013-05-112013 cases, Community care, No summary, Transcript
Re GM: MJ and JM v The Public Guardian (2013) EWHC 2966 (COP), (2013) MHLO 44 — "The applicants ... have applied to the court for the retrospective approval of a number of gifts they have made from GM’s funds to themselves, their families, some friends and several charities, and also for the court to agree what they have described as their deputyship expenses. ... I have no hesitation in revoking their appointment as deputies. GM’s finances are in disarray because of their conduct, and it is in her best interests that someone with experience of cases of unjust enrichment and restitution, such as a panel deputy, is appointed to manage her affairs in their place." [Summary required.] 2013-05-072013 cases, No summary, Other capacity cases, Transcript
Bialek v Circuit Court in Warsaw Poland (2013) EWHC 930 (Admin), (2013) MHLO 39 — Extradition case with psychiatric element. [Summary required.] 2013-05-052013 cases, Missing from Bailii, No summary, Repatriation cases, Transcript
Greaves v Stolkin (2013) EWHC 1140 (Ch), (2013) MHLO 36 — "Mr Leslie Stolkin ..., some seven weeks before his death, executed a codicil. This case concerns the validity of that document. ...[O]ne of the deceased's sons, Mr Gary Stolkin ... disputes the validity of the Disputed Codicil on two grounds: (i) Want of testamentary capacity; and (ii) Want of knowledge and approval. ... In my judgment, the Disputed Codicil is valid, and it should be admitted to probate." [Summary required.] 2013-05-042013 cases, No summary, Other capacity cases, Transcript
RC v NHS Islington (2013) UKUT 167 (AAC), (2013) MHLO 34 — "This is an appeal by a patient, brought with my leave, against a decision of the Mental Health Review Tribunal for Wales refusing an application for the postponement of the hearing of the patient’s appeal. ... The grounds of appeal argue that the ... policy on which the decision was based, of not postponing hearings other than to a fixed date, was unlawful and in any case there was nothing to prevent the tribunal from fixing a new date for the hearing even if the postponement was granted. ... The result of what I have held to be a flawed approach by the tribunal in relation to the patient’s application for a postponement in this case may have had serious consequences. Rather than proceed with a hopeless appeal, the patient was forced to withdraw his application to the tribunal. Although his subsequent appeal was successful, the tribunal’s refusal of the initial postponement application may have resulted in the patient’s detention for longer than would otherwise have been ..→2013-04-222013 cases, No summary, Transcript, Upper Tribunal decisions
DD v Durham County Council & Anor (2013) EWCA Civ 96, (2013) MHLO 31 — "DD appeals against the decision refusing leave and that part of the order relating to the payment of Middlesbrough City Council's costs. There is no appeal against the decision that Durham would be the body liable for any breach of duty or infringement of the Human Rights Act by the second AMHP. ... It was contended by Ms Lieven QC, on behalf of DD, that the two AMHPs owed a duty to DD; that by making the application for admission to the Hutton Unit, each was in breach of duty and that the County Council was responsible vicariously for that breach of duty. It was Ms Lieven QC's primary case that under the statutory scheme the AMHP had the legal responsibility not only for assessing whether the patient should be detained, but also for the suitability of the hospital at which the patient was to be detained and the regime under which he would be held. Although not precisely delineated, the responsibility gave rise to an obligation under the Human Rights Act 1998 to take reasonable steps ..→2013-03-282013 cases, Miscellaneous, No summary, Transcript
R (Copson) v Dorset Healthcare University NHS Foundation Trust (2013) EWHC 732 (Admin), (2013) MHLO 30 — "This is a claim by the claimant, Rosalind Copson, for an order quashing the decision of the defendant, Dorset Healthcare University NHS Foundation Trust, on 14 June 2012 to implement its Mental Health Urgent Care Services Project for the reconfiguration of mental health services in the west of Dorset. ... The claim is put on two grounds. First, it is said that the defendant failed, before reaching its decision, to carry out an adequate consultation with users of its mental health services, chiefly in that it failed to provide to those users sufficient information to enable them to engage meaningfully with the proposals. Second, it is said that the defendant failed to comply with its duty under section 149 of the Equality Act 2010 to have due regard, in the exercise of its functions, to the need to advance equality of opportunity. ... The claimant is a user of mental health facilities in Bridport, Dorset. The facilities that she uses include the in-patient facility at the Hughes Unit ..→2013-03-282013 cases, Miscellaneous, No summary, Transcript
R (Chatting) v Viridian Housing (2012) EWHC 3595 (Admin), (2012) MHLO 177 — "This litigation arises out of what may be loosely called the reorganisation by Viridian Housing, the charity which owns the premises, of the arrangements for the provision of care to residents of the building in which Miss Chatting lives. ... On behalf of Viridian Housing, Mr Christopher Baker urged upon me that the relief sought against his client – namely, declarations that in transferring responsibility for Miss Chatting's care to another organisation Viridian were in breach of a compromise agreement made in earlier litigation and had infringed article 8 of the European Convention on Human Rights – was academic and should not in any event be granted. On behalf of Miss Chatting Mr Stephen Cragg pursued claims for those declarations, as well as a declaration that Wandsworth Borough Council had acted unlawfully in its management of the transfer of Miss Chatting's care, in that it had failed to ensure that care was provided to her in a way that meets her assessed needs and takes ..→2013-03-282012 cases, Community care, No summary, Other capacity cases, Transcript
R (Z) v Whittington Hospital (2013) EWHC 358 (Admin), (2013) MHLO 29 — "The claimant, Mrs Z, who very ably represented herself, was sectioned under the Mental Health Act shortly after giving birth to her first baby after a prolonged and very difficult labour. ... Miss Z says that looking at the reasons that were given at the time, which are recorded in a document signed by both doctors (Form A3, that is the formal sectioning document) the reasons that are there recorded are insufficient reasons to warrant her detention under the Mental Health Act." [Summary required.] 2013-03-282013 cases, Miscellaneous, Missing from Bailii, No summary, Transcript
A County Council v E (2012) EWHC 4161 (COP), (2012) MHLO 176 — "This case involves the personal welfare of two young women, E and K. E is 26 years old and K is 24. Both have a diagnosis of Fragile X syndrome and associated learning disabilities, as confirmed by a consultant psychiatrist in a report of 7 August 2010. E is selectively mute. K also has a diagnosis of Attention Deficit Hyperactivity Disorder ('ADHD')." [Summary required.] 2013-03-282012 cases, Best interests, No summary, Transcript
HT v CK (2012) EWHC 4160 (COP), (2012) MHLO 175 — "This decision deals with residence, contact and financial arrangements for CK ('C' or 'Ms K'). In particular, the court must decide whether it is in her best interests to remain where she is living and the appropriate contact arrangements" [Summary required.] 2013-03-282012 cases, Best interests, No summary, Transcript
PB v RB (2012) EWHC 4159 (COP), (2012) MHLO 174 — "This decision deals with a fact-finding hearing held on 10-12 September 2012. ... The local authority sought to prove 13 alleged facts ... " [Summary required.] 2013-03-282012 cases, No summary, Other capacity cases, Transcript
Re RGS (2012) EWHC 4162 (COP), (2012) MHLO 173 — "RGS is the person concerned in these proceedings ('P'). The decision for the court is whether one of the parties, his son RBS, has litigation capacity. RBS insists he has, others are less sure." [Summary required.] 2013-03-282012 cases, No summary, Other capacity cases, Transcript
R (Das) v SSHD (2013) EWHC 682 (Admin), (2013) MHLO 28 — "The Claimant's submission in these proceedings is that at the time of the second period of detention she suffered from a mental illness, in the form of depression and post traumatic stress disorder ("PTSD"), and that in detaining her the Secretary of State acted contrary to, or without having proper regard to, his own policy regarding detention of persons suffering from mental illness. This means that her detention was unlawful, as being in breach of the Claimant's legitimate expectation that the Secretary of State would take into account and abide by his policy in this regard. ... The Claimant is entitled to a declaration that the entire second period of detention was unlawful. However, she is only entitled to nominal damages for false imprisonment in relation to that detention." [Summary required.] 2013-03-282013 cases, No summary, Repatriation cases, Transcript
R v Caress (2013) EWCA Crim 218, (2013) MHLO 27 — "In the circumstances, there is no reason to believe that the diagnosis at the time of sentence was wrong or that sentence [a restricted hospital order] was passed on a wrong factual basis. If, as appears to be the case, the diagnosis has now changed that is a matter that should be dealt with by the Mental Health Tribunal, rather than by late appeal against sentence." [Summary required.] 2013-03-272013 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
JP v South London and Maudsley NHS Foundation Trust (2012) UKUT 486 (AAC), (2012) MHLO 172 — "The grounds of appeal related to the Tribunal’s finding that he suffered from a mental disorder; the insufficiency of the Tribunal’s reasons for their decision that the appellant was to continue to be detained under section 2, and to his view that there had been a breach of his right to a fair hearing under Article 6 of the European Convention on Human Rights. He made seven specific submissions on this which I shall address hereafter. At the hearing the appellant also raised a breach of Article 9 of the Convention – his right to freedom of thought, and submitted that the Mental Health Act 1983 was flawed." [Summary required.] 2013-03-272012 cases, Missing from Bailii, No summary, Transcript, Upper Tribunal decisions
R v Coley (2013) EWCA Crim 223, (2013) MHLO 23 — "We have heard these three cases in succession because they have some features in common. Each raises a (different) question connected with the interplay between the law relating to voluntary intoxication and the law relating to insanity or (non-insane) automatism. Each calls, however, for consideration of its very particular facts. Neither individually nor collectively do they provide an occasion for any wide-ranging general statement of the law of insanity, still less of loss of capacity generally. We know that this area of the law is under active consideration by the Law Commission, which work will, we think, be of value. Although there have historically been very few cases which raise insanity, that has been because the statutory provisions governing the disposal orders which must be made if there is a verdict of insanity have historically inhibited attempts to rely on it. More recent changes in those disposal provisions may well lead to an increase in numbers. Any review must, ..→2013-03-272013 cases, No summary, Transcript, Unfitness and insanity cases
SRA decision: Billy Chucks of Chris Solicitors (2013) MHLO 22 (SRA) — "It is reported that whilst employed by various legal practices: Mr Chucks failed to comply with restrictions on his attendance imposed by a number of hospital trusts, and that he prepared a “consent to disclosure” request at a hospital for a client who has confirmed that he had not instructed Mr Chucks to act on his behalf, and that he improperly removed clients’ files/documentation without authority from a former employer. Those papers have not yet been returned. ... I FIND that Mr Billy Chucks, (Date of birth: 23 August 1975) of Flat 1, 701 Fulham Road, London SW6 5UL who is or was involved in legal practice but is not a solicitor has, in the Society’s opinion occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on his part of such a nature that in the Society’s opinion it would be undesirable for him to be involved in a legal practice in one or more of the ways mentioned in ..→2013-03-272013 cases, No summary, SRA decisions, Transcript
NT v FS (2013) EWHC 684 (COP), (2013) MHLO 18 — "This is an application by NT ("the Deputy") for authority to execute a statutory will on behalf of FS ("F"). There is no dispute that F lacks the capacity to make such a will. There is equally no dispute that it is in his best interests that such a will be made. There are a large number of Respondents to the application each of whom are potential beneficiaries under such a will. There are, however significant disputes between them as to the provisions of such a will." [Summary required.] 2013-03-262013 cases, No summary, Statutory will cases, Transcript
Aintree University Hospitals NHS Foundation Trust v David James (2013) EWCA Civ 65, (2013) MHLO 17 — "On 6th December 2012 Mr Justice Peter Jackson ... declined to make the declarations sought by the appellant, the hospital treating DJ, that subject to the agreement of his clinical team, it would be lawful, being in his best interests, for the following treatment to be withheld in the event of a clinical deterioration: cardiopulmonary resuscitation; invasive support for circulatory problems; renal replacement therapy in the event of deterioration in renal function." The Court of Appeal allowed the Trust's appeal. [Summary required.] 2013-03-262013 cases, Best interests, No summary, Transcript
Mihailovs v Latvia 35939/10 (2013) ECHR 65, (2013) MHLO 15 — "The applicant alleged, among other things, that he had been held against his will in a State social care institution for more than ten years, that he could not obtain release, and that he had been fully dependent on his wife, who had been his guardian, had not represented his interests, and had opposed all attempts by him to defend his rights." [Summary required; detailed external summary available.] 2013-03-262013 cases, ECHR, No summary, Other capacity cases, Transcript
Lashin v Russia 33117/02 (2013) ECHR 63, (2013) MHLO 14 — "The applicant complained, in particular, about his status as a legally incapacitated person, his non-voluntary commitment to a psychiatric hospital and his inability to marry." [Summary required; detailed external summary available.] 2013-03-262013 cases, ECHR, No summary, Other capacity cases, Transcript
Durham County Council v Dunn (2012) EWCA Civ 1654, (2012) MHLO 169 — "On 17 December 2007, the claimant's solicitors wrote to the Council intimating a claim for damages in respect of assaults alleged to have been committed by staff at the Centre when he was there in the early 1980s. The letter included a request for the disclosure of certain documents. Some documents were disclosed in redacted form. On 25 March 2011, the claimant issued these proceedings. This appeal is concerned with the ambit of the Council's duty of disclosure. ... In particular, confusion can arise as to whether the duty of disclosure is primarily one that arises under the Data Protection Act 1998 (DPA) or one arising pursuant to the Civil Procedure Rules (CPR)." [Summary required; detailed external summary available.] 2013-03-262012 cases, Miscellaneous, No summary, Transcript
Re Buckley: The Public Guardian v C (2013) EWHC 2965 (COP), (2013) MHLO 13 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney (‘LPA’) and to direct him to cancel the registration of the LPA. ... Having regard to all the circumstances, therefore, I am satisfied that: (a) the attorney has contravened her authority and acted in a way that is not in Miss Buckley’s best interests; (b) Miss Buckley is incapable of revoking the LPA herself; (c) the revocation of the LPA in order to facilitate the appointment of a deputy is both a necessary and proportionate response for the protection of Miss Buckley’s right to have her financial affairs managed competently, honestly and for her benefit, and for the prevention of crime; and (d) it is in Miss Buckley’s best interests that the court should revoke the LPA." [Summary required; detailed external summary available.] 2013-03-262013 cases, LPA cases - all, LPA cases - other, No summary, Transcript
WCC v AB (2012) MHLO 168 (COP) — Whether AB's aunt should be appointed as litigation friend. [Summary required; detailed external summary available.] 2013-03-262012 cases, No summary, Other capacity cases, Transcript
LB Waltham Forest v WD (2010) MHLO 195 — "The issues which I have to consider are four fold: first, WD’s future accommodation and residence; secondly, his contact arrangements with other members of his family; thirdly, the application by the Local Authority for the appointment of a deputy under the Mental Capacity Act 2005; and fourthly, whether or not these proceedings should now come to an end. Other matters of the care plan are fully agreed between the parties. As I have said, the plan put before me is comprehensive and this court is happy to endorse it." [Summary required.] 2013-03-262010 cases, No summary, Other capacity cases, Transcript
A Local Authority v AK (2012) EWHC B29 (COP), (2012) MHLO 166 — "This is an application by a Local Authority for the determination of an issue as to whether a severely brain damaged man ('AK') had the capacity to enter into a marriage in November 2010." [Summary required; detailed external summary available.] 2013-03-262012 cases, Capacity to consent to sexual relations, No summary, Transcript
A Local Authority v K (2013) EWHC 242 (COP), (2013) MHLO 11 — "K is the First Respondent to proceedings brought by A Local Authority (the authority responsible for K's social welfare) for a best interests' determination in relation to issues of contraception for, and sterilisation of, K. The application was issued in July 2012. By that application, A Local Authority sought declarations in relation to sterilisation and contraception and (given the perceived immediate risk that Mr and Mrs K may wish to remove K abroad for the purposes of sterilisation) an injunction to restrain the removal of K from this jurisdiction for that purpose. The application was appropriately brought to this Court under the provisions of the Mental Capacity Act 2005; the application in my view engages important considerations under article 8 (right to respect for private and family life) and article 12 (right to found a family)." [Summary required; detailed external summary available.] 2013-03-262013 cases, Capacity to consent to sexual relations, No summary, Transcript
Turner v Phythian (2013) EWHC 499 (Ch), (2013) MHLO 10 — "Mrs Turner, with the support of several members of the Jolly family, asserts that the will is invalid on three grounds. The first ground is lack of proper execution. It is alleged that the will was not signed by Iris in the joint presence of the witnesses. ... The second ground is that Iris lacked mental capacity to make the will. ... The third ground is that Iris did not know or approve of the contents of the will. ... I find therefore that the contested will is invalid on two grounds; that Iris did not have mental capacity to make the will in August 2010 and that she did not know or approve the contents of the will." [Summary required.] 2013-03-252013 cases, No summary, Other capacity cases, Transcript
SSJ v MP (2013) UKUT 25 (AAC), (2013) MHLO 8 — "The Secretary of State had two grounds of appeal. One related to the tribunal’s finding on diagnosis; the other related to the decision not impose any conditions. ... I can only decide that, despite the errors of law, the tribunal’s decision should not be set aside. The result is that this decision provides in effect a declaration of the errors made in the tribunal’s decision." [Summary required.] 2013-03-252013 cases, No summary, Reasons, Transcript, Upper Tribunal decisions
DO v LBH (2012) EWHC 4044 (Admin), (2012) MHLO 165 — "I have before me listed two applications for permission to bring judicial review proceedings and/or for directions against a local authority (LBH) and another interested party, ostensibly in the name of DO, by his sister (EC), the applicant as his Litigation Friend in one of the applications and by both as claimants in respect of the other. ... EC may not agree with the order being made in the Court of Protection proceedings but that does not justify, in my judgment, proceeding by way of judicial review rather than by application or appeal in the Court of Protection proceedings." [Summary required.] 2013-03-252012 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
A PCT v LDV (2013) EWHC 272 (Fam), (2013) MHLO 6 — "The two questions considered at the hearing, which form the subject of this judgment, are (1) Do L's current circumstances amount objectively to a deprivation of liberty? (2) When assessing whether L has capacity to consent to her accommodation at WH, in circumstances which amount to a deprivation of liberty, what information is relevant to that decision?" [Summary required; detailed external summary available.] 2013-03-252013 cases, Deprivation of liberty, No summary, Other capacity cases, Transcript
R (S) v Mental Health Tribunal (2012) MHLO 164 (UT) — S unsuccessfully challenged by judicial review (a) the decision of the FTT setting aside its own decision that she be discharged and (b) her continued detention by the hospital. [Summary required.] 2013-02-082012 cases, No summary, Transcript, Upper Tribunal decisions
R (O) v SSHD (2012) EWHC 2899 (Admin), (2012) MHLO 149 — Another immigration case with mental health background. [Summary required.] 2012-12-202012 cases, Missing from Bailii, No summary, Repatriation cases, Transcript
AG's reference (no 3 of 1998) (1999) EWCA Crim 835 — "The Court of Appeal is asked to give its opinion on the following point of law: What has to be proved when an inquiry is embarked upon under the Trial of Lunatics Act 1883, to determine whether the Defendant 'did the act or made the omission charged'?" [Summary required.] 2012-12-202012 cases, No summary, Transcript, Unfitness and insanity cases
R (BA) v LB Hillingdon (2012) EWHC 3050 (Admin), (2012) MHLO 148 — "This is a claim for interim relief brought on behalf of BA by his litigation friend, the official solicitor, against the London Borough of Hillingdon and Hillingdon National Health Service Primary Care Trust. The relief sought is first, an order that the claimant be provided with community care services under section 117 of the Mental Health Act 1983 against both defendants and/or section 21 of the National Assistance Act 1948 against the first defendant, and secondly an order that the defendants jointly carry out assessments of his need of community care services under section 47 of the National Health Service and Community Care Act 1990." [Summary required.] 2012-12-202012 cases, After-care, Missing from Bailii, No summary, Transcript
Avon and Wiltshire MH Partnership NHS Trust and Wiltshire Council 09 005 439 (2012) MHLO 147 (LGO) — "Citing section 117 of the Mental Health Act, which makes provision for patients who have been compulsorily detained under the Act to receive free aftercare, Miss M complained it was wrong for Mrs M to have funded her own care during the five years she spent as a resident of the care home. The Ombudsmen did not uphold any of Miss M’s complaints. Although they found there was no doubt Mrs M had had a severe and enduring mental illness over many years, they could not conclude that her period of residence in a care home, in the last years of her life, was linked to aftercare arising from compulsory detention in hospital some 15 years earlier. Because Mrs M’s general deterioration could not be definitely attributed to her mental health problems, the Ombudsmen could not therefore conclude that the care home’s fees should have been met from public funds. They also found that, despite some procedural failings, Mrs M did not fail to receive the medical or social care services that she ..→2012-12-202012 cases, LGO decisions, No summary, Transcript
R (Tracey) v Cambridge University Hospital NHS Foundation (2012) EWHC 3670 (Admin), (2012) MHLO 146 — "This is a claim for judicial review and a claim pursuant to section 7 Human Rights Act 1998 in respect of: (i) the failure by the first defendant to treat the claimant's late wife, Janet Tracey lawfully; (ii) the failure by the first defendant to treat Janet Tracey in a manner that respected her rights under Articles 2, 3 and 8 ECHR, and in a manner that respected the claimant's rights under Article 8 ECHR; and (iii) the failure by the first defendant to have in place and to operate lawfully an appropriate policy on the use of Do Not Attempt Cardio-Pulmonary Resuscitation orders; (iv) the failure by the second defendant effectively to promulgate any clear policy or guidance on the use of DNACPRs, which is accessible to patients and their families, and which properly informs them of their rights and legitimate expectations in respect of the use of DNACPRs by hospitals such as that operated by the first defendant." [Summary required.] 2012-12-202012 cases, Miscellaneous, No summary, Transcript
Re KH (A child); An NHS Trust v Mr and Mrs H (2012) EWHC B18 (Fam), (2012) MHLO 142 — "This is an application by an NHS Trust for declarations in relation to the best interests of a boy known in the proceedings as KH. The Trust seeks approval of a medical treatment plan which comes before the court because there are some matters that are not agreed and because the treatment plan involves the withholding of life-sustaining treatment in the event of a serious deterioration in KH's condition." [Summary required.] 2012-12-202012 cases, Best interests, No summary, Transcript
LN v Surrey NHS Primary Care Trust (2011) UKUT 76 (AAC) — "This is an interlocutory appeal against a decision of the First-tier Tribunal (Health, Education and Social Care Chamber), whereby the First-tier Tribunal declined to exclude evidence. ... the issue for the First-tier Tribunal is not whether evidence is admissible, i.e., whether it can be admitted, but is whether it should be admitted. Relevance is a key consideration. Irrelevant evidence should not be admitted. However, relevance is not the only consideration. The First-tier Tribunal is also entitled to consider the weight of evidence when deciding whether to admit it. ... It is wholly inconsistent for the primary care trust to say that it is confining its case to ten specific incidents and for it then to adduce evidence of complaints or other allegations relating to other incidents in order to show that those ten specific incidents are not isolated. ... In my judgment, the First-tier Tribunal erred in not considering whether any specific evidence should be excluded or redacted at ..→2012-12-192012 cases, No summary, Transcript, Upper Tribunal decisions
An NHS Trust v DJ (2012) EWHC 3524 (COP), (2012) MHLO 138 — "As a result of his illness, DJ does not have the capacity to make decisions about his medical treatment. The trust has brought the proceedings because there is longstanding disagreement between the family and the doctors about what treatment should be given. This requires the court to make an assessment of DJ's best interests within the framework of the Mental Capacity Act 2005. If that assessment supports the view taken by the doctors, a declaration may be granted endorsing the lawfulness of their approach." [Summary required.] 2012-12-192012 cases, Best interests, No summary, Transcript
Dordevic v Croatia 41526/10 (2012) ECHR 1640, (2012) MHLO 136 — Harassment led to breaches of Article 3 and 8. [Detailed summary available via external link.] 2012-12-192012 cases, ECHR, Miscellaneous, No summary, Transcript
AG's reference (no 60 of 2012) sub nom R v Edwards (2012) EWCA Crim 2746, (2012) MHLO 135 — "This is a case which presented to the judge an intractable but by no means unknown sentencing problem. ... The intractable difficulty presented by this defendant and by, sadly, a number of others is this: he has a variety of personality disorders, but the doctors all report that there is no medical treatment available." [Summary required.] 2012-12-192012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
RM v Scottish Ministers (2011) CSIH 19 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. [Summary required.] 2012-12-192011 cases, Miscellaneous, No summary, Scottish cases, Transcript
R (Lamari) v SSHD (2012) EWHC 1630 (Admin), (2012) MHLO 126 — Immigration case with mental health background. [Summary required.] 2012-12-172012 cases, No summary, Repatriation cases, Transcript
C v SSHD (2012) EWHC 1543 (Admin), (2012) MHLO 125 — Immigration case with mental health background: "In essence, the claimant's case is that the length of the detention, the unlikely prospect of removal, the deterioration in the mental health of the claimant together with independent evidence of torture, were all factors which would lead to a conclusion that the claimant's detention was unlawful, even taking account of an absconding risk which, when properly examined, was not of the highest." [Summary required.] 2012-12-172012 cases, No summary, Repatriation cases, Transcript
R (LE (Jamaica)) v SSHD (2012) EWCA Civ 597, (2012) MHLO 124 — Deportation case with mental health background. [Summary required.] 2012-12-172012 cases, No summary, Repatriation cases, Transcript
R (Okil) v LB Southwark (2012) EWHC 1202 (Admin), (2012) MHLO 122 — Community care case with immigration and mental health background. [Summary required.] 2012-12-172012 cases, Community care, No summary, Transcript
Lalli v Spirita Housing Ltd (2012) EWCA Civ 497, (2012) MHLO 121 — Disability discrimination case. [Summary required.] 2012-12-172012 cases, Disability discrimination, No summary, Transcript
Lacki v Poland (2012) EWHC 1747 (Admin), (2012) MHLO 120 — Extradition and mental health. [Summary required.] 2012-12-172012 cases, Missing from Bailii, No summary, Repatriation cases, Transcript
R (A) v B (2010) EWHC 2361 (Admin) — "The police are under an absolute and unconditional obligation to take all steps which appear to them to be necessary for keeping the peace, for preventing crime or for protecting property from criminal injury. ... Article 8 ... provides that: '1. Everyone has the right to respect for his private and family life, his home and his correspondence. ...' This case concerns the interaction of those two principles in a situation where the police believe that a citizen, though committing no crime and though free of any criminal record or allegation of crime against him, has engaged in a private sexual life which indicates he may become a danger to women and propose to make public the details of this by selective disclosure." [Summary required.] 2012-12-162010 cases, Miscellaneous, No summary, Transcript
R (C) v SSHD (2012) EWHC 801 (Admin), (2012) MHLO 118 — Mental health and immigration. [Summary required.] 2012-12-162012 cases, Missing from Bailii, No summary, Repatriation cases, Transcript
Re SK (2012) EWHC 1990 (COP), (2012) MHLO 98 — "This is an application by the parties to certain Queen's Bench personal injury proceedings who seek in effect to be joined in these Court of Protection proceedings. The subject of both sets of proceedings is SK, a mentally incapacitated adult aged 55. The issue which arises one way or another in both sets of proceedings is as to his care, accommodation and rehabilitation. The two applicants for joinder to these proceedings are (a) CK, aged 52, brother of SK and (b) GA Group PLC, a bus company whose bus struck SK in November 2008, causing him severe lasting brain and physical injuries. That company is the defendant in the Queen's Bench proceedings." [Summary required.] 2012-09-302012 cases, No summary, Other capacity cases, Transcript
R v Fletcher (2012) EWCA Crim 1550, (2012) MHLO 86 — Permission granted to appeal, on fresh evidence, against IPP and argue that restricted hospital order should have been imposed. [Summary required.] 2012-08-312012 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
XY v Clinical Director of St Patricks University Hospital (2012) IEHC 224, (2012) MHLO 85 — Consideration of meaning of 'examination' within the meaning of the Southern Irish Mental Health Act 2001. [Summary required.] 2012-08-312012 cases, No summary, Southern Irish cases, Transcript
LGO decision: Jones 10 010 739 (2011) MHLO 191 — "A case where the DoL decision taken was not the 'least restrictive' option." [Summary required.] 2012-08-182011 cases, LGO decisions, No summary, No transcript
LGO decision: Dorothy 10 013 715 (2011) MHLO 190 — "A case where a DoL application was not made promptly and the care home's/council's approach to restrictions placed on the complainant and her mother was flawed." [Summary required.] 2012-08-182011 cases, LGO decisions, No summary, No transcript
HSE Ireland v SF (A Minor) (2012) EWHC 1640 (Fam), (2012) MHLO 69 — "This application is made by the Health Service Executive of Ireland ('the HSE'), the statutory authority with responsibility for children taken into public care in the Irish Republic, for an urgent order under Article 20 of the Council Regulation (EC) 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No.1347/2000 (commonly known as 'Brussels II Revised') in respect of a 17-year-old girl whom I shall refer to as SF. At the conclusion of the hearing on 4th May 2012, I made the order sought by the HSE. This judgment sets out the reasons for my decision." [Summary required.] 2012-06-232012 cases, Deprivation of liberty, No summary, Transcript
Re HA (2012) EWHC 1068 (COP), (2012) MHLO 67 — "This case comes before me for directions today. The person whose best interests have to be considered by the court is a HA. The Official Solicitor now acts for her as her litigation friend and in that capacity has continued an application under s.21A of the Mental Capacity Act 2005 (the Act) that was instigated before his appointment." [Summary required.] 2012-06-232012 cases, Deprivation of liberty, Missing from Bailii, No summary, Transcript
Sedge v Prime (2012) MHLO 66 (QB) — "This is an application for an interim payment of £300,000 to enable the Claimant to move from the 'Little Oyster' residential care home, Sheerness, Kent where he currently lives into his own accommodation with a 24 hour care regime. At first this is to be by way of a trial run in a bungalow which has already been rented for one year and adapted for him. If the trial is successful then permanent renting or purchase of a home are the options. If not, return to a residential home is likely." [Summary required.] 2012-06-232012 cases, No summary, Other capacity cases, Transcript
R (KM) v Cambridgeshire CC (2012) UKSC 23, (2012) MHLO 57 — "In the proceedings, brought by way of judicial review, the appellant challenges a determination made by Cambridgeshire County Council and communicated, at the latest, by a letter dated 3 June 2010 to pay him (in round numbers and as an annual sum) £85k in discharge of its duties to him under section 2(1) of the Chronically Sick and Disabled Persons Act 1970. He contends that the determination was unlawful either because it was not adequately supported by reasons or because it was irrational. He asks that the determination be quashed and either that Cambridgeshire should conduct a re-determination of it or that the court should itself substitute for it a determination that the annual sum payable to him be £120k." [Summary required.] 2012-06-212012 cases, Community care, No summary, Transcript
EM v SC (2012) EWHC 1518 (COP), (2012) MHLO 56 — "This is an application made by the Official Solicitor on behalf of the Applicant EM, for the discharge of the latest of a series of standard authorisations made on 16 January 2012 pursuant to the Mental Capacity Act 2005. The effect of the standard authorisation is to deprive EM of his liberty and oblige him to live at a nursing home, RH, rather than at the home which he had shared with his wife and son for many years." [Summary required.] 2012-06-212012 cases, Deprivation of liberty, Missing from Bailii, No summary, Transcript
Re E (Medical treatment: Anorexia) (2012) EWHC 1639 (COP), (2012) MHLO 55 — "E is a 32-year-old woman who suffers from extremely severe anorexia nervosa, and other chronic health conditions. On 18 May 2012, an urgent application was made to the Court of Protection by her local authority, which was concerned that her position should be investigated and protected. E's death was imminent. She was refusing to eat, and was taking only a small amount of water. She was being looked after in a community hospital under a palliative care regime whose purpose was to allow her to die in comfort. ... I found that E lacked capacity to make a decision about life-sustaining treatment and declared that it was in her best interests to be fed against her wishes with all that this entails." [Summary required.] 2012-06-212012 cases, Best interests, No summary, Transcript
X Primary Care Trust v XB (2012) EWHC 1390 (Fam), (2012) MHLO 54 — "This matter concerns an application by the XPCT for declarations under s.26(4) of the Mental Capacity Act 2005 as to the validity of an advance decision made by XB on 2nd November 2011 that he wished, amongst other things, to have his ventilation removed in certain defined circumstances." [Summary required.] 2012-06-212012 cases, Advance decision cases, No summary, Transcript
Austin v Commissioner of Police of the Metropolis (2007) EWCA Civ 989 — Kettling/Article 5 case. [Summary required.] 2012-05-082007 cases, Deprivation of liberty, No summary, Transcript
Re G (2012) EWCA Civ 431, (2012) MHLO 52 — The local authority issued proceedings under the court's inherent jurisdiction in relation to a 30-year-old with Downs Syndrome history who was in the exclusive care of her mother. This decision relates to an unsuccessful appeal against case management orders. [Summary required.] 2012-05-052012 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP) — "There are many issues that have arisen in this case, but now the critical welfare issue is whether or not H should be returned home to live with her mother. This is an outcome sought by the mother, but opposed both by the Local Authority and by the Official Solicitor as litigation friend to H." [Summary required.] 2012-05-052011 cases, Best interests, Missing from Bailii, No summary, Transcript
LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP) — "In this case there are a number of matters: does H have capacity to conduct litigation; does she have capacity to decide where she should live, or capacity to decide where she should be educated, or capacity to decide on the extent of the contact and relationship she should have with her natural family; capacity to deal with her financial affairs, or to enter into what has been described as a tenancy agreement, and capacity in a sense to judge her own best interests in those respects?" [Summary required.] 2012-05-052011 cases, Missing from Bailii, No summary, Other capacity cases, Transcript
B v B (2010) EWHC 543 (Fam) — "This is an application by the Official Solicitor for an order that Mr B do pay the Official Solicitor’s costs, on an indemnity basis, of acting on behalf of Mr B as his guardian ad litem, until the Official Solicitor was discharged by order of 19th August 2009." [Summary required.] 2012-05-052010 cases, COP costs cases, Missing from Bailii, No summary, Transcript
MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38 — Immigration case. "In my view, the Upper Tribunal was diverted, by reason of the arguments advanced, from an important aspect of the case, namely, whether it was disproportionate to deport the appellant on the grounds of his previous convictions in the light of the evidence of the prognosis and the relationship between his mental illness and his offending. The judge never seems to have reached any clear conclusion based on an assessment of the risk of re-offending despite continued medication and support from his family here. If the correct view is that there is no realistic risk of further offending and the prognosis is excellent then it is difficult to see how it could be proportionate to deport this appellant. He has been in this country for 12 years and he has nothing to go back to save his grandmother and great-aunt, if they are still alive." [Summary required.] 2012-04-282012 cases, No summary, Repatriation cases, Transcript
Republic of South Africa v Dewani (2012) EWHC 842 (Admin), (2012) MHLO 37 — "The appellant appeals against the decision of the Chief Magistrate, Senior District Judge Riddle, dismissing all the grounds on which those acting for him sought to oppose his extradition to South Africa to face the charge of murdering his wife and other related charges. Although we were provided with 80 authorities, the issues are specific to the appellant's mental state and the prison conditions in South Africa which would be applicable to him if extradited." [Summary required.] 2012-04-282012 cases, No summary, Repatriation cases, Transcript
Han v President of the Circuit Court (2008) IEHC 160 — "In the relatively recent past, the applicant was involuntarily committed to a mental hospital under the Mental Health Act 2001. The detention was reviewed by a Mental Health Tribunal and affirmed as correct. The applicant then appealed to the Circuit Court. Before he could process that appeal, he became well and was discharged from the mental hospital. Deery J, the President of the Circuit Court, struck the matter out from the hearing list as, the applicant then being well, he considered the matter to be moot. The applicant now challenges this decision." 2012-04-282008 cases, No summary, Southern Irish cases, Transcript
Re JO'B; HSE v JO'B (2011) IEHC 73 — "In these proceedings the Health Service Executive ('H.S.E.') seeks declarations that Mr. J. O'B. is a person who lacks capacity to make decisions in relation to his treatment care and welfare; that Mr. O'B. is a person in need of an appropriate and continuous regime of clinical, medical and nursing treatment in an environment of therapeutic security, this being in his best welfare and interest; that the clinical, medical, nursing, therapeutic security, welfare services and treatment at the Central Mental Hospital (C.M.H.), Dundrum, are appropriate to his needs; and for an order directing the H.S.E. to detain Mr. O'B in the C.M.H., as well as seeking various ancillary reliefs. What makes this application very unusual, if indeed not entirely unique, is that it is agreed on all sides that Mr. O'B. is not suffering from a mental illness or mental disorder as that term is defined in s. 3 of the Mental Health Act 2001, and accordingly it is agreed that the provisions of that Act are of no ..→2012-04-282011 cases, No summary, Southern Irish cases, Transcript
A London Borough v VT (2011) EWHC 3806 (COP) — "The primary matters on which decisions need to be made by the court are: (1) Should ST live at L (or possibly some other care home type accommodation in London) or in his property at X, Nigeria; (2) If ST remains at L, is he being deprived of his liberty and, if he is being so deprived, does that remain appropriate; (3) Should ST's property and affairs deputy be AT or Mr G, the current interim independent professional deputy?" [Summary required.] 2012-03-282011 cases, Deprivation of liberty, No summary, Transcript
Re EB; IB v RC (2011) EWHC 3805 (COP) — "This is an application by the applicant, IB, for the removal of the respondent as his mother's deputy for property and affairs. There is also a counter-application by the respondent, RC, for orders that the applicant sign letters of authority in relation to two bank accounts that are held in the joint names of EB and the applicant." [Summary required.] 2012-03-282011 cases, No summary, Other capacity cases, Transcript
Austin v UK 39692/09 (2012) ECHR 459, (2012) MHLO 22 — Kettling did not breach Article 5. [Summary required.] 2012-03-192012 cases, Deprivation of liberty, ECHR, No summary, Transcript
R (Moussaoui) v SSHD (2012) EWHC 126 (Admin), (2012) MHLO 8 — Immigration case with a mental health element. [Summary required.] 2012-02-092012 cases, No summary, Repatriation cases, Transcript
Re JDS; KGS v JDS (2012) EWHC 302 (COP), (2012) MHLO 4 — "This is an application for a gift to be made to the parents of a young man who has been awarded damages for clinical negligence. The purpose of the gift is to reduce the amount of Inheritance Tax that they may have to pay on his death." [Summary to follow.] 2012-01-272012 cases, Best interests, No summary, Transcript
Re H; A Local Authority v H (2012) EWHC 49 (COP), (2012) MHLO 3 — "On 15 December 2011 I made an order declaring H’s incapacity in many respects and making best interests declarations as to her future care. In particular I made an order declaring that H lacked capacity to consent to sexual relations and a consequential order to protect her best interests which was very restrictive and undoubtedly amounts to the deprivation of liberty. In those circumstances I reserved my reasons for making these orders with a view to handing them down without the need for attendance of any party. This I now do." [Summary to follow.] 2012-01-272012 cases, Capacity to consent to sexual relations, No summary, Other capacity cases, Transcript
Ms B v An NHS Hospital Trust (2002) EWHC 429 (Fam) — "The Claimant, whom I shall call Ms B, seeks declarations from the High Court in its exercise of the inherent jurisdiction. She claims that the invasive treatment which is currently being given by the respondent by way of artificial ventilation is an unlawful trespass. The respondent is the NHS Hospital Trust (the Trust) responsible for the hospital which is currently caring for Ms B, (the Hospital). At the request of the court the Official Solicitor instructed Mr Peter Jackson QC to act as Advocate to the Court. The main issue is whether Ms B has the capacity to make her own decision about her treatment in hospital. Underlying this important issue is the tragic story of an able and talented woman of 43 who has suffered a devastating illness which has caused her to become tetraplegic and whose expressed wish is not to be kept artificially alive by the use of a ventilator." [Paras 1 and 2 of judgment.] 2012-01-052002 cases, No summary, Other capacity cases, Transcript
Black v MHTS (2011) CSIH 83 — 'What remedy, if any, is available to a curator ad litem appointed to represent the interests of a patient in proceedings before the Mental Health Tribunal for Scotland, in the event that the Tribunal acts unlawfully or unfairly or exercises its discretion in an unreasonable manner? That is the question which lies at the heart of the present appeal, which was remitted to this court by the Sheriff Principal of Grampian, Highlands and Islands.' [Summary required.] 2011-12-102011 cases, No summary, Scottish cases, Transcript
SSWP v Slavin (2011) EWCA Civ 1515 — 'The respondent is resident in a specialist care home for people with autistic spectrum disorders and similar conditions. The cost of his accommodation is paid for by the National Health Service. The home is registered as a care home, not a nursing home. Its staff are trained to meet the needs of residents but do not have any medical or nursing qualifications. The specific issue in the appeal is whether the respondent is "maintained free of charge while undergoing medical or other treatment as an in-patient … in a hospital or similar institution under [the National Health Service Act 2006]", within the meaning of reg. 12A of the Social Security (Disability Living Allowance) Regulations 1991, so as to be disentitled to receipt of the mobility component of disability living allowance for which he was a claimant.' [Summary required.] 2011-12-102011 cases, No summary, Transcript, Welfare benefits cases
Re S (Adult Patient) (Inherent Jurisdiction: Family Life); Sheffield City Council v S (2002) EWHC 2278 (Fam) — Dispute between a local authority and S‘s father, DS, as to where S should live: prior to the events which precipitated the proceedings, S had always lived at home with DS. [Summary required.] 2011-12-102002 cases, Best interests, Missing from Bailii, No summary, Transcript
R (AK) v SSHD (2011) EWHC 3188 (Admin) — Immigration case with mental health element. [Summary required.] 2011-12-102011 cases, No summary, Repatriation cases, Transcript
Re Albert Haines (2011) First-tier Tribunal 18/10/11 — These are the First-tier Tribunal's reasons for directing that the reasons for its decision not to discharge Albert Haines should be published. [Summary required.] 2011-12-102011 cases, First-tier Tribunal decisions, No summary, Publicity, Transcript
Re Albert Haines (2011) First-tier Tribunal 30/9/11 — These are the First-tier Tribunal's reasons for not discharging Albert Haines from liability to be detained. [Summary required.] 2011-12-102011 cases, First-tier Tribunal decisions, No summary, Publicity, Transcript
R (Baisden) v Leicester City Council (2011) EWHC 3219 (Admin) — Section 117 and accommodation. [Summary required.] 2011-12-082011 cases, After-care, Missing from Bailii, No summary, Transcript
Re DC (Judicial Review) (2011) CSOH 193 — Various questions of Scots law arose in this judicial review claim for damages for unlawful detention. [Summary required.] 2011-11-262011 cases, No summary, Scottish cases, Transcript
AB v MHTS (2011) ScotSC B694/11 — Unsuccessful challenge to MHTS decision. [Summary required.] 2011-11-262011 cases, No summary, Scottish cases, Transcript
R (BA) v SSHD (2011) EWHC 2748 (Admin) — Judicial review of detention pending deportation (psychiatric background). [Summary required.] 2011-11-142011 cases, No summary, Repatriation cases, Transcript
Re P; A Local Authority v PB (2011) EWHC 2675 (COP) — Case concerning residence, contact, and deprivation of liberty. [Summary required.] 2011-11-142011 cases, Best interests, No summary, Transcript
Re FL; HN v FL and Hampshire CC (2011) EWHC 2894 (COP) — 'The primary issues requiring determination by the court were as follows: (1) FL’s capacity to make personal welfare decisions; (2) FL’s mental health needs; (3) FL’s medication; (4) The Z Home’s ability to meet FL’s physical and mental health needs; (5) Whether HN had conducted herself inappropriately or whether such conduct was justified; (6) Whether HCC and or The Z Home conducted themselves inappropriately or whether such conduct was justified; (7) Depending on the outcome of (5) and (6) whether restrictive orders should be made.' 'IPL were permitted to publish details about the case subject to the restrictions in that order.' [Summary required.] 2011-11-092011 cases, Best interests, No summary, Transcript
Re HM: SM v HM (2011) EWHC B30 (COP) — 'The issue is whether it is ever, and if so in what circumstances, appropriate for the Court (ie the Court of Protection) to authorise the creation of a trust – in particular a personal injury trust - of P’s assets as the means of administering those assets for him, rather than appointing a deputy for him under s 16 of the 2005 Act.' [Summary required.] 2011-11-092011 cases, No summary, Other capacity cases, Transcript
LB Tower Hamlets v BB (2011) EWHC 2853 (Fam) — 'There are two sets of proceedings which concern BB. In the first, her litigation friend, sought guidance from the court under sections 16 and 18(k) of the Mental Capacity Act 2005 about the conduct of proceedings concerning BB and declarations that she a) lacks capacity to conduct those proceedings and b) it is in her best interests that, in the event that her marriage to MA is a valid marriage, it be annulled or that there be a declaration that it is not recognised by the law of England and Wales. In the second, the local authority as substituted applicant seeks declarations that BB a) lacks the capacity to litigate, b) lacks capacity to decide where she should live, with whom she should have contact, who should provide her with care, what care should be provided to her and the medical treatment she should receive for her mental disorder. The court is asked to make decisions on her behalf as respects those questions which the court determines she is incapacitated to answer.' ..→2011-11-092011 cases, Best interests, Deprivation of liberty, No summary, Transcript
A London Local Authority v JH (2011) EWHC 2420 (COP) — It was, in the interim, in JH's best interests to return home with a package of care (rather than go to a care home). [Summary to follow.] 2011-10-052011 cases, Best interests, No summary, Transcript
LG v DK (2011) EWHC 2453 (COP) — Application to Court of Protection to decide whether it is in DK's best interests to provide DNA sample for paternity test. [Summary to follow.] 2011-10-052011 cases, Best interests, No summary, Transcript
Surrey County Council v MB (2007) EWHC 3085 (Fam) — MCA, MHA, deprivation of liberty. [Summary required.] 2011-09-292007 cases, Best interests, No summary, Transcript
R (FB) v SSHD (2011) EWHC 2044 (Admin) — Unlawful detention case involving mentally-ill immigrant. [Summary required.] 2011-08-222011 cases, No summary, Repatriation cases, Transcript
Aylott v Stockton-on-Tees BC (2010) EWCA Civ 910 — DDA/employment. [Summary required.] 2011-08-092010 cases, Disability discrimination, No summary, Transcript
DB v SSWP (2010) UKUT 144 (AAC) — Tribunal reasons and conflict of experts (industrial accidents case). [Summary required.] 2011-08-092010 cases, No summary, Transcript, Upper Tribunal decisions
R v Louka (2010) EWCA Crim 2015 — Appeal against sentence. [Summary required.] 2011-08-092010 cases, Missing from Bailii, No summary, Sentence appeal cases, Transcript
R v Walton (aka Wright) (2010) EWCA Crim 2255 — Criminal appeal (fitness to plead). [Summary required.] 2011-08-092010 cases, No summary, Transcript, Unfitness and insanity cases
R (AA) v SSHD (2010) EWHC 2265 (Admin) — Case involving immigrant with mental illness. [Summary required.] 2011-08-092010 cases, No summary, Repatriation cases, Transcript
R (Francis) v West Midlands Probation Board (2010) EWCA Civ 955 — Permission to appeal in relation to two issues granted: (1) 'The first concerns the relationship between the Parole Board, the Probation Service acting through one or more of its regional boards, MAPPA, and the prisoner who is serving a life sentence, when it comes to considering his life after release'; (2) 'The second issue concerns the rights of the appellant and Ms Kemp under Article 8'. [Summary required.] 2011-08-092010 cases, Missing from Bailii, No summary, Prison law cases, Transcript
R (MK) v SSHD (2010) EWCA Civ 115 — Case involving immigrant with mental illness. [Summary required.] 2011-08-092010 cases, No summary, Repatriation cases, Transcript
R (OM (Nigeria)) v SSHD (2010) EWHC 2147 (Admin) — Case involving immigrant with mental illness. [Summary required.] 2011-08-092010 cases, No summary, Repatriation cases, Transcript
Re JM (Variation and renewal of orders for guardianship made under provisions with minute to vary) (2011) ScotSC 8/6/11 — Judgment including guidance on Scots guardianship orders. [Summary required.] 2011-08-032011 cases, No summary, Scottish cases, Transcript
LA v MHTS (2011) ScotSC 20/7/11 — Unsuccessful appeal against Mental Health Tribunal for Scotland. [Summary required.] 2011-08-022011 cases, No summary, Scottish cases, Transcript
JP v Birmingham and Solihull MH NHS Trust (2010) Upper Tribunal 30/7/10 (HM/535/2010) — Unsuccessful appeal in which it was argued that the Tribunal's reasons for preferring the RC's and responsible authority's evidence to the evidence of independent experts were inadequate. 2011-07-252010 cases, No summary, Transcript, Upper Tribunal decisions
JG v MHTS (2011) ScotSC 17/6/11 — Unsuccessful appeal against Tribunal decision. [Summary required.] 2011-07-202011 cases, No summary, Scottish cases, Transcript
R (McDonald) v Royal Borough of Kensington and Chelsea (2011) UKSC 33 — 'This appeal concerns the question of whether the Respondent Royal Borough acted unlawfully in seeking to amend the Appellant’s care package by substituting her nighttime carer with provision of incontinence pads or absorbent sheets when the Appellant is not in fact incontinent.' (from Supreme Court press summary) 2011-07-202011 cases, Community care, No summary, Transcript
KL v Somerset Partnership NHS Foundation Trust (2011) UKUT 233 (AAC) — Treatment in hospital and 'long leash' s17 leave. [Summary required.] 2011-07-202011 cases, No summary, Transcript, Upper Tribunal decisions
Hossack v Legal Services Commission (2011) EWCA Civ 788 — Judicial review of rejection of tenders for community care law. [Summary required.] 2011-07-202011 cases, Miscellaneous, No summary, Transcript
P v Independent Print Ltd (2011) EWCA Civ 756 — Whether the Independent Newspaper should be authorised to attend the substantive hearing which would determine the living arrangements to be made for a young man who lacks capacity. [Summary required.] 2011-07-202011 cases, No summary, Other capacity cases, Transcript
R v Hopkins; R v Priest (2011) EWCA Crim 1513 — Prosecution under MCA 2005 s44. [Summary required.] 2011-07-182011 cases, Criminal law capacity cases, Missing from Bailii, No summary, Other capacity cases, Transcript
KY v DD (2011) EWHC 1277 (Fam) — Guidance on without notice applications. [Summary required.] 2011-07-182011 cases, No summary, Other capacity cases, Transcript
Hackett v CPS (2011) EWHC 1170 (Admin) — Undue influence. [Summary required.] 2011-06-222011 cases, Miscellaneous, No summary, Transcript
SMBC v WMP (2011) EWHC B13 (COP) — HSG's application to be discharged as a party in a forced marriage protection order case was refused because there was good cause to believe that he may lack capacity (the test for interim orders). The judge set out a list of lessons learnt for future cases. [Summary required.] 2011-06-192011 cases, No summary, Other capacity cases, Transcript
Re C; C v Wigan Borough Council (2011) EWHC 1539 (Admin) — Judgment in related COP and Admin Court proceedings relating to an 18-year old with severe autism and severe learning disabilities living at a residential special school. Issues considered include deprivation of liberty and seclusion. [Summary required.] 2011-06-162011 cases, Deprivation of liberty, No summary, Transcript
Re S-C (Mental Patient: Habeas Corpus) (1995) EWCA Civ 60 — Habeas corpus. [Summary required.] 2011-05-261995 cases, No summary, Transcript, Unlawful detention cases
R (WG) v Local Authority A (2010) EWHC 2608 (Admin) — Judicial review of failure to assess under s47 NHSCCA 1990. Claim stayed for three months, during which the local authority was to carry out the assessment and the claimant was to provide her identity to the court. 2011-04-302010 cases, Missing from Bailii, No summary, No transcript, Unimportant cases
R (Woods) v Rochdale MBC (2009) EWHC 323 (Admin) — Unsuccessful JR of alleged failure to comply with obligations under the NHS and Community Care Act 1990 to assess the claimant's needs and to provide the resources to meet those needs. [Summary required.] 2011-03-302009 cases, Community care, Missing from Bailii, No summary, Transcript
LS v LB Lambeth (HB) (2010) UKUT 461 (AAC) — Tribunals Service's notes: 'Scope of right of appeal to Upper Tribunal. Required contents of notification of a decision applying a non- dependent deduction.' [Summary required.] 2011-03-182010 cases, No summary, Transcript, Upper Tribunal decisions
R (Guntrip) v SSJ (2010) EWHC 3188 (Admin) — Parole Board Article 5(4) delay case. [Summary required.] 2011-01-232010 cases, No summary, Prison law cases, Transcript
Re HM; PM v KH (2010) EWHC 3279 (Fam) — PM sentenced to 4 months' imprisonment for contempt of court. [Summary required.] 2011-01-062010 cases, Best interests, Missing from Bailii, No summary, Transcript
Re HM; PM v KH (2010) EWHC 2107 (Fam) — Costs orders against PM. [Summary required.] 2011-01-062010 cases, Best interests, No summary, Transcript
Re HM; PM v KH (2010) EWHC 871 (Fam) — Best interests case. [Transcript and summary required.] 2011-01-062010 cases, Best interests, Missing from Bailii, No summary, No transcript
G v E (2010) EWHC 3385 (Fam) — Costs judgment. "In all the circumstances, I conclude that this is a case for departing from the general rule set out in rule 157 of the Court of Protection rules, and I make an order in the following terms: (1) That the local authority should pay the costs of G, F and E, including pre-litigation costs, up to and including the first day of the hearing before me on 14th January 2010 on an indemnity basis. (2) The local authority shall pay one third of the costs of G, F and E from that date up to and including the hearing on 6 May 2010 on a standard basis. (3) All costs will be subject to a detailed assessment, if not agreed." [Summary required.] 2011-01-042010 cases, COP costs cases, Deprivation of liberty, No summary, Transcript
Re KS (2010) COP 99162476 — Costs under the Court of Protection Rules. [Summary required.] 2010-12-202010 cases, No summary, Other capacity cases, Transcript
R (Faulkner) v SSJ (2010) EWCA Civ 1434 — Delay in Parole Board hearing led to Article 5(4) breach. [Summary required.] 2010-12-162010 cases, No summary, Prison law cases, Transcript
Re MM; City of Sunderland v MM (2011) 1 FLR 712 — P's partner's Article 8 rights were breached by the denial of contact between them. [Summary required.] 2010-12-162010 cases, No summary, Other capacity cases, Transcript
Perrins v Holland (2010) EWCA Civ 1398 — Unsuccessful costs appeal. [No summary.] 2010-12-092010 cases, No summary, Other capacity cases, Transcript
Re JG (Estate Planning for Adults who have lost Capacity) (2009) ScotSC 77 — Scottish case. [Summary required.] 2010-11-282009 cases, No summary, Scottish cases, Transcript
JG v MHTS (2010) ScotSC 14/10/10 — Challenge to Mental Health Tribunal for Scotland decision. [Summary required.] 2010-11-262010 cases, No summary, Scottish cases, Transcript
Re LC (2005) ScotSC 19/5/05 — A sheriff may dispense with intimation, or notification, of an application for Guardianship where such intimation "would be likely to pose a serious risk to the health of the adult". It was held that it was insufficient for the medical practitioners to simply repeat the words which appear in the statute and that concise and articulate reasons should be given in order that the court has proper information on which to form a view. 2010-10-302005 cases, No summary, Scottish cases, Transcript
E v Channel Four (2005) EWHC 1144 (Fam) — In these proceedings the Official Solicitor, joined by St Helens Borough Council, seeks an interim injunction to restrain the broadcasting by Channel Four Television Corporation of a film and the publication by the Sunday Times of an article about E. She is a woman of 32, who they assert lacks the capacity to consent to what Channel Four and the Sunday Times are proposing. They invoke the inherent jurisdiction of the court. [Summary required.] 2010-10-292005 cases, Best interests, No summary, Transcript
R v Oakley (2010) EWCA Crim 2419 — Sentencing for diminished responsibility manslaughter. [Summary required.] 2010-10-272010 cases, Diminished responsibility cases, Missing from Bailii, No summary, Transcript
A Local Authority v DL (2010) EWHC 2675 (Fam) — Scope of inherent jurisdiction. [Summary required.] 2010-10-252010 cases, No summary, Other capacity cases, Transcript
A County Council v MB (2010) EWHC 2508 (COP) — Court of Protection case about 'DOLS breakdowns'. [Official summary available.] 2010-10-222010 cases, Deprivation of liberty, No summary, 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.] 2010-10-182010 cases, Miscellaneous, No summary, Transcript
G v E (2010) EWHC 2512 (COP) — Unsuccessful applications for (1) deputies to be appointed and (2) sister to become Litigation Friend in place of Official Solicitor. [Official summary available.] 2010-10-182010 cases, No summary, Other capacity cases, Transcript
R v Cooper (2010) EWCA Crim 2335 — Unsuccessful appeal against s45A hybrid order. [Summary required.] 2010-10-182010 cases, Hybrid order cases, No summary, Transcript
Re SA; FA v Mr A (2010) EWCA Civ 1128 — Court of Protection case. [Summary to follow.] 2010-10-182010 cases, Best interests, Missing from Bailii, No summary, Transcript
Perrins v Holland (2010) EWCA Civ 840 — Unsuccessful appeal against decision to pronounce in favour of a will. Summary of decision below: The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will. [Summary of appeal required.] 2010-10-062010 cases, No summary, Other capacity cases, Transcript
Peters v East Midlands SHA (2009) EWCA Civ 145 — [Summary required.] 2010-10-042009 cases, No summary, Other capacity cases, Transcript
Attorney General v Ratra (2003) EWHC 1291 (Admin) — Vexatious litigant. [Summary required.] 2010-09-272003 cases, No summary, Transcript, Unimportant cases
Breslin v McKenna (Omagh Bombing case) (2009) NIQB 50 — Omagh bombing civil judgment, including consideration of damages for psychiatric injury. [Summary required.] 2010-09-272009 cases, Miscellaneous, No summary, Transcript
Eagle v Chambers (2004) EWCA Civ 1033 — [Summary required.] 2010-09-272004 cases, Miscellaneous, No summary, Transcript
Aylott v Stockton-On-Tees BC (2010) EWCA Civ 910 — This appeal is about how the Disability Discrimination Act 1995 should be interpreted in law and applied in practice. [Summary required.] 2010-09-232010 cases, Disability discrimination, No summary, Transcript
R (RJM) v SSWP (2007) EWCA Civ 614 — "For the reasons I have given I would hold that the right to IS is a possession within A1P1 but that RJM's appeal must be dismissed because a person without accommodation does not have an "other status" within the meaning of Article 14 of the Convention. If, contrary to that view, RJM does have such a status, the refusal to pay DP to those who do not have accommodation is not unlawful under the Convention because the Secretary of State has justified their differential treatment. I would therefore dismiss the appeal." [Summary required.] 2010-08-072007 cases, No summary, Transcript, Welfare benefits cases
Re MB (Medical Treatment) (1997) EWCA Civ 3093 — "This appeal arose from the application by a health authority for a declaration from the High Court that it would be lawful for the consultant gynaecologist to operate upon a young woman, Miss MB, who was 40 weeks pregnant and admitted to hospital on Friday 14th February." [Summary required.] 2010-07-201997 cases, Best interests, No summary, Transcript
Re SA; A Local Authority v MA (2005) EWHC 2942 (Fam) — "This case raises novel questions about the court's inherent jurisdiction in relation to vulnerable adults. I have before me a vulnerable young woman who has just turned eighteen and has therefore attained her majority. While she was still a child the court had exercised its inherent parens patriae and wardship jurisdictions to protect her from the risk of an unsuitable arranged marriage. The question is whether I have jurisdiction to continue that protection now she is an adult." [Summary required.] 2010-07-202005 cases, Best interests, No summary, Transcript
Re HM; PM v KH (2009) EWHC 2685 (Fam) — Best interests case. [Transcript and summary required.] 2010-07-192009 cases, Best interests, Missing from Bailii, No summary, No transcript
Stojanovski v Former Yugoslav Republic of Macedonia 1431/03 (2009) ECHR 1615 — Breach of Article 5. [Summary required.] 2010-07-092009 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript
KF v Birmingham and Solihull Mental Health NHS Foundation Trust (2010) UKUT 185 (AAC) — Various issues including (1) what should happen where an appeal from a First-tier Tribunal's substantive decision on a s2 application is overtaken by events and (2) whether a s3 reference to the First-tier Tribunal lapse once a CTO is made. [Summary required.] 2010-06-182010 cases, Change of status after application made, No summary, Transcript, Upper Tribunal decisions
R v Osker (2010) EWCA Crim 955 — Successful appeal against restriction order. [Summary required.] 2010-05-062010 cases, Missing from Bailii, No summary, No transcript, Restriction order cases
M v B (2005) EWHC 1681 (Fam) — Injunction granted to prevent P being taken to Pakistan for arranged marriage. [Summary required.] 2010-05-012005 cases, Best interests, No summary, Transcript
R (MC (Algeria)) v SSHD (2010) EWCA Civ 347 — Unsuccessful challenge to lawfulness of detention under Schedule 3 Immigration Act 1971 which was mainly based on failure to have regard to policy that mentally ill should be detained only in very exceptional circumstances. [Summary required.] 2010-04-112010 cases, No summary, Repatriation cases, Transcript
MK (Mental Illness, Articles 3 and 8) Pakistan (2005) UKIAT 00075 — Consideration of the approach to the availability of treatment and the assessment of Article 3 and 8 cases in an immigration context. [Summary required.] 2010-04-112005 cases, No summary, Repatriation cases, Transcript
MJJAB v Scottish Ministers (2010) CSIH 31 — Consideration of the serious harm test in Section 64(A1) Mental Health (Scotland) Act 1984 and standard of proof. [Summary required.] 2010-04-112010 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC 562 (Admin) — M moved from Hammersmith to a hostel in Sutton, but Hammersmith continued to pay; he was subsequently placed under s3 in a Sutton hospital and surrendered his tenancy; as he was resident in Sutton when admitted, Hammersmith was not responsible for future accommodation costs under s117. [Summary required.] 2010-03-152010 cases, After-care, No summary, Transcript
R (Pounder) v HM Coroner for North and South Districts of Durham and Darlington (2010) EWHC 328 (Admin) — Inquiry into Adam Rickwood's death in custody. Bias. [Summary required.] 2010-03-022010 cases, Inquests, No summary, Transcript
Juncal v UK 32357/09 (2010) ECHR 249 — Lawfulness of detention. Statement of facts and questions to the parties lodged at court. [Summary required.] 2010-03-022010 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript, Unfitness and insanity cases
FW v Dept of Psychiatry James Connolly Memorial Hospital (2008) IEHC 283 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] 2009-12-092008 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.] 2009-12-092008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript
C v Clinical Director of St Patricks Hospital (2009) IEHC 13 — This is an application on behalf of the applicant for a declaration that the applicant is unlawfully detained by the first respondent contrary to Article 40.4 of the Constitution. The essence of the applicant’s case is that prior to her arrival at the respondent’s hospital, she was initially detained by the gardaí and unlawfully removed to the hospital by them. The applicant argues that this alleged unlawful detention by the gardaí, has tainted the subsequent detention by the respondents even though, by and large, apart from this initial reception the respondents have meticulously followed the proper procedures for dealing with such persons as set out in the legislation and the Mental Health Act 2001 in particular. [Summary required.] 2009-12-092009 cases, No summary, Southern Irish cases, Transcript, Unlawful detention cases
Law Hospital NHS Trust v Lord Advocate (1996) ScotCS CSIH 2 — "The purpose of these proceedings is to obtain the sanction of the court to the termination of nutrition and hydration and all other life sustaining treatment to a patient at Law Hospital." [Summary required.] 2009-11-301996 cases, Best interests, No summary, Scottish cases, Transcript
Her Majesty's Advocate v S (1999) ScotHC 183 — Fitness to plead. [Summary required.] 2009-11-301999 cases, No summary, Scottish cases, Transcript, Unfitness and insanity cases
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
Re Maughland (Determination Into the Death of) (2003) ScotSC 10 — [Summary required.] 2009-11-302003 cases, Inquests, No summary, Scottish cases, Transcript
Re McDougall or Muldoon (Guardianship Order) (2005) ScotSC 6 — "This is an application under the Adults with Incapacity (Scotland) Act 2000, in which the Applicant, Paul Muldoon, seeks an order under section 57 of the Act appointing him as guardian with powers relating to both the welfare of, and the property and financial affairs of, his mother, Mrs Mona McDougall or Muldoon (hereafter, "the adult"). The welfare powers sought are (a) to decide where the adult should live, (b) to have access to confidential documents, and (c) to consent to, or withhold consent to, medical treatment." [Summary required.] 2009-11-302005 cases, No summary, Other capacity cases, Scottish cases, Transcript
Yung v Procurator Fiscal, Edinburgh (2006) ScotHC HCJAC 70 — Appeal against against a finding acquitting the Y of three charges of assault on the ground that he was insane at the time of commission of the offences. [Summary required.] 2009-11-302006 cases, No summary, Other criminal law cases, Scottish cases, Transcript
Robbins v Mitchell and MHTS (2007) ScotSC 19 — Unsuccessful challenge to MHTS decision. [Summary required.] 2009-11-012007 cases, No summary, Other Tribunal cases, Scottish cases, Transcript
RM v Scottish Ministers (2008) CSOH 123 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. [Summary required.] 2009-11-012008 cases, Miscellaneous, No summary, 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
Lothian Health Board v Martin and MHTS (2007) — Unsuccessful appeal against MHTS decision. [Summary required.] 2009-11-012007 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
South West London and St George's Mental Health NHS Trust v W (2002) EWHC 1770 (Admin) — Lawfulness of transfer from prison to hospital (treatability). [Summary required.] 2009-11-012002 cases, No summary, Transcript, Treatability test and psychopathic disorder
R v Cornelius (Alan) (2002) EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal. [Summary required.] 2009-11-012002 cases, No summary, Sentence appeal cases, Transcript
R v Czarnota (Michael) (2002) EWCA Crim 785 — Restriction order quashed on appeal. [Summary required.] 2009-11-012002 cases, No summary, Restriction order cases, Transcript
R (SSHD) v MHRT, re PG (2002) EWHC 2043 (Admin) — Inadequate reasons. [Summary required.] 2009-11-012002 cases, No summary, Reasons, Transcript
R (S) v SSHD and Parole Board (2002) EWHC 2424 (Admin) — Licence recall while on s3. [Summary required.] 2009-10-312002 cases, No summary, Prison law cases, Transcript
R (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
R (N) v Dr M (2002) EWHC 1911 (Admin) — Unsuccessful challenge to compulsory treatment. [Summary required.] 2009-10-312002 cases, Challenges to compulsory treatment, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2002) EWHC 1521 (Admin) — Departure from Code of Practice. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
R (M) v Nottinghamshire Healthcare NHS Trust (2002) EWHC 1400 (Admin) — Unsuccessful challenge to s47/49 patient's return to prison. [Summary required.] 2009-10-312002 cases, Ministry of Justice, No summary, Transcript
R (LH) v MHRT (2002) EWHC 170 (Admin) — Permission to appeal against Tribunal decision refused. [Summary required.] 2009-10-312002 cases, No summary, Reasons, Transcript
R (L) v MHRT (2002) EWHC 618 (Admin) — AWOL claimant's delay case struck out as an abuse of process. [Summary required.] 2009-10-312002 cases, No summary, Other Tribunal 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 (Heather) v Leonard Cheshire Foundation (2002) EWCA Civ 366 — Care home closure. [Summary required.] 2009-10-312002 cases, Community care, No summary, Transcript
R (D) v SSHD (2002) EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal. [Summary required.] 2009-10-312002 cases, No summary, Other Tribunal cases, Prison law cases, Transcript
R (DR) v Mersey Care NHS Trust (2002) EWHC 1810 (Admin) — Renewal of section while on long-term s17 leave. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust (2002) EWHC 181 (Admin) — Closure of residential accommodation. [Summary required.] 2009-10-312002 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
Masterman-Lister v Brutton and Co (2002) EWCA Civ 1889 — Unsuccessful appeal against decision that M was fully capable of managing and administering his property and affairs. [Summary required.] 2009-10-302002 cases, No summary, Other capacity cases, Transcript
Masterman-Lister v Jewell (2002) EWHC 417 (QB) — M was fully capable of managing and administering his property and affairs. [Summary required.] 2009-10-302002 cases, No summary, Other capacity cases, Transcript
Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.] 2009-10-302001 cases, Miscellaneous, No summary, Transcript
Dillon v SSHD (2002) EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period." [Summary required.] 2009-10-302002 cases, Life sentence cases, No summary, Transcript
Cook v Bradford Community Health NHS Trust (2002) EWCA Civ 1616 — Negligence case. [Summary required.] 2009-10-302002 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
AL v Mental Health Tribunal for Scotland (2007) ScotSC 44 — Successful challenge to MHTS decision. [Summary required.] 2009-10-242007 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
Bristol City Council v AW (2009) UKUT 109 (AAC) — Housing and council tax benefits. [Summary required.] 2009-10-082009 cases, Community care, No summary, Transcript, Upper Tribunal decisions
R (Blouet) v Bath and Wansdyke Magistrates Court (2009) EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. [Summary required.] 2009-06-152009 cases, No summary, Transcript, Unfitness and insanity cases
Dalton v Latnam (2003) EWHC 796 (Ch) — The justice of the case did not require the forfeiture rule to be modified. [Summary required.] 2009-06-142003 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.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052 — Hospital order quashed. [Summary required.] 2009-06-142003 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.] 2009-06-142003 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.] 2009-06-142003 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.] 2009-06-142003 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.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
R (K) v Dr Hughes (2003) EWHC 357 (Admin) — Challenge to administration of ECT. [Summary required.] 2009-06-142003 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] 2009-06-142003 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] 2009-06-142003 cases, No summary, Other criminal law cases, Transcript
R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire (2009) EWHC 661 (Admin) — Coroners' inquests - deaths in custody - Article 2 2009-04-262009 cases, Inquests, No summary, 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
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
Platts v Coroner for South Yorkshire (East District) (2008) EWHC 2502 (Admin) — Inquest into suicide of person with mental disorder - scope of inquest and Article 2 - whether former girlfriend was properly interested person 2009-04-182008 cases, Inquests, No summary, Transcript
R v Safi (2007) EWCA Crim 1392 — Appeal against restriction order dismissed. 2009-04-132007 cases, No summary, Restriction order cases, 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. 2009-04-122002 cases, Miscellaneous, No summary, 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.] 2009-04-122004 cases, Inquests, Miscellaneous, No summary, Transcript
R (Burke) v General Medical Council (2005) EWCA Civ 1003 — Artificial nutrition and hydration. 2009-04-122005 cases, Best interests, No summary, Transcript
R (Burke) v General Medical Council (2004) EWHC 1879 (Admin) — Artificial nutrition and hydration. 2009-04-122004 cases, Best interests, No summary, Transcript
R (JL) v SSJ (2008) UKHL 68 — The nature of the investigation that must be carried out by the State whenever a prisoner in custody makes an attempt to commit suicide that nearly succeeds and which leaves him with serious injury. 2009-04-122008 cases, ECHR, No summary, Transcript
Magowan, Re Judicial Review (2009) NIQB 6 — Unsuccessful judicial review of failure of social services to make arrangements which would have allowed discharge from hospital. 2009-04-122009 cases, Community care, No summary, Northern Irish cases, Transcript
Kucheruk v Ukraine (2007) 2570/04 ECHR 712 — Violations of Article 3, 5(1) and 5(4). 2009-04-122007 cases, ECHR, No summary, Transcript
Jain v Trent Strategic Health Authority (2009) UKHL 4 — Unsuccessful negligence claim relating to the cancellation of nursing home registration. 2009-04-122009 cases, Community care, No summary, Transcript
Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186 — Unsuccessful negligence claim relating to the cancellation of nursing home registration. 2009-04-122007 cases, Community care, No summary, Transcript
R (Johnson) v SSHD (2007) EWCA Civ 427 — Parole Board delay breached Article 5(4). 2009-04-122007 cases, No summary, Prison law cases, Transcript
Re F (Adult Patient) (2000) EWCA Civ 3029 — Court's jurisdiction. 2009-04-122000 cases, Best interests, No summary, Transcript
Re GM (Section 3 of the Mental Health Act 1983) (2000) EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient). 2009-04-122000 cases, Consulting NR, Miscellaneous, No summary, Transcript
R (X) v SSHD (2000) EWCA Civ 3026 — "This appeal from Turner J is concerned with the interrelation of the Immigration Act 1971, the Mental Health Act 1983, and the Human Rights Act 1998 and with the effect of an immigrant's mental illness on the Home Secretary's powers to refuse to grant him exceptional leave to enter or remain." 2009-04-122000 cases, No summary, Repatriation cases, Transcript
R (X) v SSHD (2000) EWHC 647 (Admin) — "This is an application for judicial review of the decision of an immigration officer dated 28 May 1999, by which he refused to grant the applicant exceptional leave to enter or remain in the United Kingdom and enforced his removal to Malta." 2009-04-122000 cases, No summary, Repatriation cases, Transcript
R (Von Brandenburg) v Tower Hamlets Health Care NHS Trust (2000) EWHC Admin 362 — Resectioning after Tribunal hearing. 2009-04-122000 cases, No summary, Re-sectioning after hearing, 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. 2009-04-112000 cases, Miscellaneous, No summary, Transcript
R (B) v Uxbridge County Court (2000) EWHC 641 (Admin) — Unsuccessful appeal against s29 displacement order. 2009-04-112000 cases, Displacement, No summary, Transcript
Nora McClelland v Simon S (2000) EWCA Civ 3028 — Unsuccessful appeal against s29 displacement order. 2009-04-112000 cases, Displacement, No summary, Transcript
D v Barnet Healthcare Trust (2000) EWCA Civ 3027 — Identification of correct nearest relative, and extent of duty of ASW; meaning of "cares for". 2009-04-112000 cases, Consulting NR, No summary, 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. 2009-04-112000 cases, Miscellaneous, No summary, Transcript
Smirek v Williams (2000) EWCA Civ 3025 — Unsuccessful appeal against displacement order under s29. 2009-04-112000 cases, Displacement, No summary, Transcript
R (F) v Liverpool City Council (1997) EWHC Admin 375 — Identification of nearest relative. 2009-04-111997 cases, No summary, Other NR cases, Transcript
Re Rodrigues (1997) EWCA Civ 1630 — Unfounded habeas corpus application. 2009-04-111997 cases, No summary, Transcript, Unimportant cases
Re MB (Caesarean Section) (1997) EWCA Civ 1361 — The claimant lacked capacity on a temporary basis because of her fear of needles; in an emergency the doctors would be free to administer anaesthetic if that were in her best interests. 2009-04-111997 cases, No summary, Other capacity cases, Transcript
R v Reid (2005) EWCA Crim 392 — Appeal against life sentence refused (the appellant would have preferred a restricted hospital order). 2009-04-112005 cases, Life sentence cases, No summary, 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. 2009-04-112003 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. 2009-04-112003 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. 2009-04-112003 cases, No summary, Sentence appeal cases, Transcript
R v H (2003) UKHL 1 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964. 2009-04-112003 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. 2009-04-112003 cases, No summary, Sentence appeal cases, Transcript
R v Dietschmann (2003) UKHL 10 — Effect of alcohol on diminished responsibility. 2009-04-112003 cases, Diminished responsibility cases, No summary, Transcript
R v Shepherd (Jack) (2002) EWCA Crim 1091 — Conviction quashed and substituted with an admission order with restrictions as, had the issue been raised, on the evidence the jury would have found that the defendant was unfit to plead but had done the act. 2009-04-112002 cases, No summary, Transcript, Unfitness and insanity cases
R v R (2002) EWCA Crim 165 — Appeal against restriction order allowed. 2009-04-112002 cases, No summary, Restriction order cases, Transcript
R v Kearney (2002) EWCA Crim 2772 — Appeal against restriction order allowed. 2009-04-112002 cases, No summary, Restriction order cases, Transcript
R v Johnson (Frank) (2002) EWCA Crim 1900 — Conviction quashed as during trial the defendant had become unfit to plead. 2009-04-112002 cases, No summary, Transcript, Unfitness and insanity cases
R v Gunning (Neville) (2002) EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order. 2009-04-112002 cases, No summary, Sentence appeal cases, Transcript
R v Goode (2002) EWCA Crim 1698 — Appeal against restriction order refused. 2009-04-112002 cases, No summary, Restriction order cases, 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
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
R v Reynolds (Daniel Ferdinand George) (2000) EWCA Crim 3539 — Appeal against restriction order allowed. 2009-04-112000 cases, No summary, Restriction order cases, Transcript
R v Newman (2000) EWCA Crim 2 — Mental illness could not be exceptional circumstance for purposes of section 2 of the Crime (Sentences) Act 1997 (automatic life sentence for second serious offence). 2009-04-112000 cases, Life sentence cases, No summary, Transcript
R v Melbourne (Paul Anthony) (2000) EWCA Crim 3537 — Four-year sentence for breach of restraining order quashed and substituted with a hospital order and restriction order. 2009-04-112000 cases, No summary, Sentence appeal cases, Transcript
R v Jones (Michelle Louise) (2000) EWCA Crim 3538 — Appeal against restriction order allowed. 2009-04-112000 cases, No summary, Restriction order cases, Transcript
R v Kamara (2000) EWCA Crim 17 — Appeal against restriction order dismissed. 2009-04-112000 cases, No summary, Restriction order cases, Transcript
R v Disley v (1996) EWCA Crim 362 — Appeal against restriction order dismissed. 2009-04-111996 cases, No summary, Restriction order cases, Transcript
Romanov v Russia 63993/00 (1998) ECHR 115 — The applicant's complaints about the prison conditions, the length of his detention on remand and the complaint concerning his right to be present at the hearing were admissible. 2009-04-101998 cases, ECHR, No summary, Transcript
R (B) v London Borough of Camden (2004) EWHC 2348 (Admin) — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Permission refused. 2009-01-222004 cases, After-care, No summary, Transcript
R (SP) v SSJ (2009) EWHC 13 (Admin) — The requirements of Article 2 concerning an investigation into the treatment of the claimant while she was serving a sentence of detention in a young offender institution. 2009-01-212009 cases, ECHR, Miscellaneous, No summary, 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
R (N) v Coventry City Council (2008) EWHC 2786 (Admin) — "This case concerns the assessment by Coventry City Council of the claimant's needs under section 47 of the National Health Service and Community Care Act 1990 and its decision to refuse him support under section 21 of the National Assistance Act 1948. It turns, in particular, on the meaning of "care and attention" in section 21, as interpreted by the House of Lords recently, and the ambit of Article 3 ECHR in the context of community care legislation." (para 1) 2008-11-252008 cases, Community care, No 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
Stec v UK 65731/01 (2005) ECHR 924 — Admissibility decision. State benefits, Article 1 of Protocol No 1 & Article 14. 2008-11-242005 cases, ECHR, No summary, Transcript, Welfare benefits cases
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. 2008-10-302008 cases, Miscellaneous, No summary, Transcript
R (B) v South Region MHRT (2008) EWHC 2356 (Admin) — Unsuccessful challenge to Tribunal's decision not to discharge from Broadmoor hospital. 2008-10-232008 cases, Bias, No summary, Reasons, Transcript
Munjaz v UK 32913/06 (2008) ECHR 215 — Statement of facts and questions lodged with the court. 2008-10-232008 cases, ECHR, No summary, Transcript
R (S) v Broadmoor Special Hospital Authority (1998) EWCA Civ 160 — Broadmoor's random and routine search policy was lawful. 2008-10-151998 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). 2008-10-151997 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. 2008-10-151997 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. 2008-10-151998 cases, Miscellaneous, No summary, Transcript
R (Anderson) v HM Coroner for Inner North Greater London (2004) EWHC 2729 (Admin) — Unlawful killing verdict relating to restraint while subject to s136 MHA 1983 quashed. 2008-10-152004 cases, Inquests, No summary, Transcript
London Borough of Newham v BS (2003) EWHC 1909 (Fam) — High Court exercising inherent jurisdiction to determine the best interests of mentally impaired adult. Total lack of road sense and a tendency to rush into the road without looking not seriously irresponsible conduct for purposes of mental impairment. [Caution.] 2008-10-152003 cases, No summary, Other capacity cases, Transcript
Re F (Adult Patient: Court's Jurisdiction) (2000) EWCA Civ 192 — Hight Court had power to grant declarations to protect vulnerable adult who lacked capacity from abuse. [Summary required.] 2008-10-152000 cases, No summary, Other capacity cases, Transcript
R (Stevens) v Plymouth City Council, re C (2002) EWCA Civ 388 — Confidentiality. 2008-10-152002 cases, No summary, Other NR cases, Transcript
R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1667 — Disclosure of documents. 2008-10-152002 cases, No summary, Other criminal law cases, Transcript
Shtukaturov v Russia 44009/05 (2008) ECHR 223 — Incapacity proceedings and detention breached ECHR Articles 5, 6, and 8. [Summary required.] 2008-10-132008 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript
R v Antoine (1999) EWCA Crim 1171 — Post-judgment discussion. 2008-09-221999 cases, No summary, Transcript, Unfitness and insanity cases
R v Antoine (1999) EWCA Crim 1170 — Court of Appeal judgment. 2008-09-221999 cases, No summary, Transcript, Unfitness and insanity cases
R v Diamond (2008) EWCA Crim 923 — Criminal appeal - diminished responsibility. 2008-09-132008 cases, Diminished responsibility cases, No summary, Transcript
AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB) — Negligence. 2008-09-132008 cases, Miscellaneous, No summary, Transcript
X v An NHS Trust (2008) EWHC 986 (Admin) — Section 37. 2008-09-132008 cases, Hospital order cases, No summary, Transcript
R (SSJ) v MHRT, re Rafiq (2008) EWHC 598 (Admin) — Tribunal reasons. 2008-09-132008 cases, No summary, Reasons, Transcript
R (Juncal) v SSHD (2008) EWCA Civ 869 — Lawfulness of detention. 2008-09-132008 cases, No summary, Transcript, Unfitness and insanity cases
R v Leslie Norman (2008) EWCA Crim 1810 — Criminal appeal. Fitness to plead. 2008-09-132008 cases, No summary, Transcript, Unfitness and insanity cases
Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case. 2008-09-132008 cases, Miscellaneous, No summary, Transcript
Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract. 2008-09-132007 cases, Miscellaneous, No summary, Transcript
R (Warren) v Oxfordshire MHRT (1997) EWCA Civ 1311 — Application for leave to move refused (applicant appeared in person; no arguable grounds). 2008-09-131997 cases, No summary, Transcript, Unimportant cases
R (Baptiste) v Anglia and Oxfordshire Regional MHRT (1997) EWHC Admin 858 — Hearing adjourned. 2008-09-131997 cases, No summary, Transcript, Unimportant cases
Re MB (2005) EWCA Civ 1293 — No permission to appeal (Part VII case) 2008-09-132005 cases, No summary, Permission hearings, 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 (SSHD) v MHRT, re Grey (2002) EWCA Civ 1053 — Permission to appeal refused (unexplained delay) 2008-09-132002 cases, No summary, Permission hearings, Transcript
R (W) v Doncaster Metropolitan Borough Council (2004) EWCA Civ 378 — After-care. 2008-09-132004 cases, After-care, No summary, Transcript
R (W) v Doncaster Metropolitan Borough Council (2003) EWHC 192 (Admin) — After-care. 2008-09-132003 cases, After-care, No summary, Transcript
R (B) v London Borough of Camden (2006) EWCA Civ 246 — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Unsuccessful appeal. 2008-09-132006 cases, After-care, No summary, Transcript
R (S) v Collins (1998) EWCA Civ 1349 — Challenge to compulsory treatment. 2008-09-131998 cases, Challenges to compulsory treatment, No summary, Transcript
R (S) v Collins (1998) EWHC Admin 490 — Challenge to compulsory treatment. 2008-09-131998 cases, Challenges to compulsory treatment, No summary, Transcript
R (S) v Collins (1997) EWCA Civ 2019 — Challenge to compulsory treatment. 2008-09-131997 cases, Challenges to compulsory treatment, No summary, Transcript
R (S) v Collins (1997) EWHC Admin 280 — Case concerned a lady who needed a Caesarean being placed under s2. 2008-09-131997 cases, Challenges to compulsory treatment, No summary, Transcript
R (S) v Collins (1997) EWHC Admin 156 — Transferred to judge experienced in JR. 2008-09-131997 cases, Challenges to compulsory treatment, No summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust (1998) UKHL 24 — Bournewood gap. 2008-09-131998 cases, Deprivation of liberty, No summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWCA Civ 2879 — Bournewood gap. 2008-09-131997 cases, Deprivation of liberty, No summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWHC Admin 850 — Bournewood gap. 2008-09-131997 cases, Deprivation of liberty, No summary, Transcript
R (Bartram) v Southend Magistrates Court (2004) EWHC 2691 (Admin) — Section 37. 2008-09-122004 cases, Hospital order cases, No summary, Transcript
Narey v HM Customs and Excise (2005) EWHC 784 (Admin) — s5 CPIA 1964. 2008-09-122005 cases, No summary, Transcript, Unfitness and insanity cases
R v IA (2005) EWCA Crim 2077 — Life sentence or s37/41. 2008-09-122005 cases, Life sentence cases, 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
Megyeri v Germany 13770/88 (1992) ECHR 49 — Importance of legal representation. 2008-09-121992 cases, ECHR, No summary, Transcript
Kolanis v UK 517/02 (2005) ECHR 411 — Conditional discharge/Article 5. 2008-09-122005 cases, After-care, ECHR, No summary, Transcript
R (IR) v Dr Shetty (2003) EWHC 3152 (Admin) — Technical lifer status. 2008-09-122003 cases, Ministry of Justice, No summary, Transcript
R (RA) v SSHD (2002) EWHC 1618 (Admin) — Power to grant/refuse permission for leave after deferred conditional discharge. 2008-09-122002 cases, Ministry of Justice, No summary, Transcript
R (Kelly) v MHRT Merseyside (1997) EWHC Admin 398 — Breach of rules of natural justice. 2008-09-121997 cases, No summary, Other Tribunal cases, Transcript
R (S) v MHRT (2002) EWHC 2522 (Admin) — Medical member's role. 2008-09-122002 cases, Bias, No summary, Transcript
R (X) v MHRT (2003) EWHC 1272 (Admin) — Adjournment. 2008-09-122003 cases, No summary, Powers, Transcript
R (MP) v Nottingham Healthcare NHS Trust (2003) EWHC 1782 (Admin) — Tribunal powers with respect to restricted patients. 2008-09-122003 cases, No summary, Powers, Transcript
R (Demetri) v South West Thames MHRT (1997) EWHC Admin 622 — Reasons. 2008-09-121997 cases, No summary, Reasons, Transcript
R (Booth) v MHRT Merseyside (1997) EWHC Admin 816 — Unsuccessful reasons challenge. 2008-09-121997 cases, No summary, Reasons, Transcript
R (Evans) v Brockhill Prison (2000) UKHL 48 — False imprisonment. 2008-09-122000 cases, No summary, Prison law cases, Transcript
R (Evans) v Brockhill Prison (1998) EWCA Civ 1042 — False imprisonment. 2008-09-121998 cases, No summary, Prison law cases, Transcript
R (Evans) v Brockhill Prison (1997) EWHC Admin 544 — False imprisonment. 2008-09-121997 cases, No summary, Prison law cases, Transcript
R (Evans) v Brockhill Prison (1996) EWHC Admin 234 — False imprisonment. 2008-09-121996 cases, No summary, Prison law cases, Transcript
R (Page) v Secretary of State for Justice (2007) EWHC 2026 (Admin) — Prison law case. 2008-09-122007 cases, No summary, Prison law cases, Transcript
London Borough of Barnet v Robin (1998) EWCA Civ 1630 — Unsuccessful appeal against s29 displacement order. 2008-09-111998 cases, Displacement, No summary, 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
Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source. 2008-02-232007 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
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
Re MM (An Adult); Local Authority X v MM (2007) EWHC 2689 (Fam) — Inherent jurisdiction case re vulnerable adult 2008-02-222007 cases, Capacity to consent to sexual relations, No summary, Transcript
Re MM (An Adult) (2007) EWHC 2003 (Fam) — Inherent jurisdiction case re vulnerable adult. [Summary required.] 2008-02-222007 cases, Capacity to consent to sexual relations, No summary, Transcript
R (MH) v Secretary of State for the Department of Health (2004) EWHC 56 (Admin) — This case concerned the operation of s29(4) which extends s2 while s29 displacement proceedings take place. 2008-02-222004 cases, Displacement, No summary, 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
R (Taylor) v Dr Haydn-Smith (2005) EWHC 1668 (Admin) — Challenge to compulsory treatment. 2008-02-222005 cases, Challenges to compulsory treatment, No summary, Transcript
R (E) v Bristol City Council (2005) EWHC 74 (Admin) — Section 11 and practicability of informing NR. 2007-02-072005 cases, Consulting NR, No summary, Transcript
Nielsen v Denmark 10929/84 (1988) ECHR 23 — Article 5 and child's admission to a psychiatric ward which had been arranged by his mother. [Summary required.] 2007-02-072000 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript
Rakevich v Russia 58973/00 (2003) ECHR 558 — Detention and Article 5. [Summary required.] 2007-02-072003 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript
Storck v Germany 61603/00 (2005) ECHR 406 — Breach of Arts 5, 8 for detention in private clinic. [Summary required.] 2007-02-072005 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript
R (MacDonald) v MHRT North West Region (1997) EWHC Admin 716 — Pre-Reid challenge to non-discharge of untreatable psychopath. 2007-02-071997 cases, No summary, Transcript, Treatability test and psychopathic disorder
R (B) v MHRT (2002) EWHC 1553 (Admin) — Lack of speedy Tribunal hearing breached Article 5(4). 2006-04-162002 cases, No summary, Transcript, Tribunal delay
R (Duncan and Mackintosh) v Legal Aid Board (2000) EWHC Admin 294 — Unsuccessful claim against Legal Aid Board. 2006-04-162000 cases, Miscellaneous, No 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 (Munjaz) v Ashworth Hospital Authority (2003) EWCA Civ 1036 — Departure from Code of Practice. 2006-04-162003 cases, Miscellaneous, No summary, Transcript
R (LI) v MHRT (2004) EWHC 51 (Admin) — Successful reasons challenge. 2006-04-162004 cases, No summary, Reasons, Transcript
R (PS) v Dr G (2003) EWHC 2335 (Admin) — Challenge to compulsory treatment. 2006-04-162003 cases, Challenges to compulsory treatment, No summary, Transcript
R (D) v SSHD (2004) EWHC 2857 (Admin) — Delay in transfer between hospitals. 2006-04-152004 cases, Miscellaneous, No summary, Transcript
R (MH) v Secretary of State for the Department of Health (2004) EWCA Civ 1609 — Sections 2 and 29(4) incompatible with Article 5(4) ECHR (subsequently overruled by HL). 2006-04-152004 cases, Displacement, No summary, Transcript
R (B) v Dr SS (2005) EWHC 86 (Admin) — This was the first of two JRs involving the same parties. Challenge to compulsory treatment. 2006-04-132005 cases, Challenges to compulsory treatment, No summary, Transcript
Lewis v Gibson (2005) EWCA Civ 587 — Appeal of interim s29 displacement order. Appeal dismissed. 2006-04-132005 cases, Displacement, No summary, Transcript
R (B) v Dr Haddock (2005) EWHC 921 (Admin) — Challenge to compulsory administration of medication. Claim dismissed. 2006-04-132005 cases, Challenges to compulsory treatment, No summary, Transcript
R (K) v West London MH NHS Trust (2005) EWHC 1454 (Admin) — Leave/funding. 2006-04-132005 cases, Ministry of Justice, No summary, Transcript

Article titles

The following 200 pages are in this category.

(previous 200) (next 200)

A

B

C

D

D cont.

E

F

G

H

J

K

L

M

M cont.

N

P

R

(previous 200) (next 200)