Category:No summary
From Mental Health Law Online
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| Page and summary | Date added to site | Categories |
|---|---|---|
| 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.] | 2013-05-11 | 2013 cases, Community care, No summary, Transcript |
| Re GM: MJ and JM v The Public Guardian (2013) MHLO 44 (COP) — "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.] | 2013-05-07 | 2013 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.] | 2013-05-05 | 2013 cases, 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.] | 2013-05-04 | 2013 cases, No summary, Other capacity cases, Transcript |
| Coombs v North Dorset NHS PCT (2013) EWCA Civ 471, (2013) MHLO 35 — "Can an involuntary patient detained in a mental hospital under the provisions of the Mental Health Act 1983 pay for his care or treatment, or is such a possibility denied the patient (or his family on his behalf) by the provisions of that Act (the "MHA 1983") and/or public policy? ... In these circumstances, it seems to me that there is nothing inherent in the structure or wording of the MHA 1983 or the 2006 Act, and nothing by way of public policy, to exclude absolutely the possibilities of detained patients (or their family or others holding responsibility for looking after their assets) paying for or contributing in part to the cost of their treatment or care. Presumably, private patients detained in a private hospital do exactly that. Detained patients who are being looked after by an NHS authority will have most, if not all, of their costs funded by the state: but even in their case, it may be possible, as in the case of any patient within the NHS system, to purchase private ..→ | 2013-05-03 | 2013 cases, Miscellaneous, No summary, 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 ..→ | 2013-04-22 | 2013 cases, No summary, Transcript, Upper Tribunal decisions |
| MD v Mersey Care NHS Trust (2013) UKUT 127 (AAC), (2013) MHLO 32 — "This case raises one issue: is the nature of the risk posed by a patient detained under the Mental Health Act 1983 relevant to the appropriateness of treatment under section 72(1)(b)(iia) of that Act?" [Summary required.] | 2013-04-05 | 2013 cases, No summary, Transcript, Upper Tribunal decisions |
| DD v Durham County Council (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 ..→ | 2013-03-28 | 2013 cases, Miscellaneous, No summary, Transcript |
| 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 ..→ | 2013-03-28 | 2013 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 ..→ | 2013-03-28 | 2013 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 ..→ | 2013-03-28 | 2012 cases, Community care, No summary, Other capacity cases, Transcript |
| R (Zhang) v Whittington Hospital (2013) EWHC 358 (Admin), (2013) MHLO 29 — "The claimant, Mrs Zhang, 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 Zhang 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.] | 2013-03-28 | 2013 cases, Miscellaneous, 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.] | 2013-03-28 | 2012 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.] | 2013-03-28 | 2012 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.] | 2013-03-28 | 2012 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.] | 2013-03-28 | 2012 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.] | 2013-03-28 | 2013 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 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.] | 2013-03-27 | 2013 cases, 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.] | 2013-03-27 | 2012 cases, No summary, Transcript, Upper Tribunal decisions |
| MA v SSH (2012) UKUT 474 (AAC), (2012) MHLO 171 — "Section 66 of the 1983 Act deals with applications to tribunals (“a section 66 application”). In the present case this would be to the First-tier Tribunal. Applications may be made in a wide range of circumstances. By virtue of section 66(1) (g) these include where a report has been made under section 25 of that Act (see above – this relates to the responsible clinician issuing a certificate to the effect specified in section 25). However, an application to the tribunal may only be made under this provision in respect of a patient who has been admitted for treatment (or in certain other cases) but not in respect of a patient who has been admitted under section 2 for assessment. That exclusion is at the heart of this case." [Summary required.] | 2013-03-27 | 2012 cases, No summary, Transcript, Upper Tribunal decisions |
| Bernard v SW London and St George's MH NHS Trust (2013) UKUT 58 (AAC), (2013) MHLO 26 — "This is an appeal against a decision of the First-tier Tribunal (FTT) of the Health, Education and Social Care (HESC) Chamber in the mental health jurisdiction. The appeal is brought on the ground of an alleged breach of natural justice. It is argued that certain comments of the FTT’s psychiatrist member in the course of the hearing demonstrated bias. This is said to be on the basis either that the panel doctor had a preconceived and concluded view (actual bias) on a live issue in the appeal or that he had expressed himself in such a way as to give rise to a reasonable apprehension that he had (apparent bias)." [Summary required.] | 2013-03-27 | 2013 cases, No summary, Transcript, Upper Tribunal decisions |
| MM v Nottinghamshire Healthcare NHS Trust (2013) UKUT 107 (AAC), (2013) MHLO 25 — "The issues arose from the skeleton argument of counsel for the hospital (not Mr Kovats). Unpacking her argument, it came to this: (i) Dr G had visited Mr M; (ii) he had been instructed to prepare an independent report; (iii) Mr M was not relying on that report; (iv) the tribunal should infer that the report was not favourable to Mr M; and (v) that Dr G had concurred with the clinical team’s diagnosis and conclusions. Counsel also invited the tribunal to consider ordering disclosure of Dr G’s report. ... Mr Pezzani argued that the panel should have recused themselves. ... because Mr M would not receive a fair hearing in view these factors: (a) the way in which the case had been presented to them, (b) the fact that Mr M and his legal team could not respond to the argument, (c) the manner in which the panel engaged with the argument in their decision and (d) their failure to rule out the argument as a matter of principle." [Summary required.] | 2013-03-27 | 2013 cases, No summary, Transcript, Upper Tribunal decisions |
| MS v North East London Foundation Trust (2013) UKUT 92 (AAC), (2013) MHLO 24 — "Ms S applied for permission to appeal on two grounds: (i) the tribunal had applied the test appropriate to detention under section 2 rather than, as it should have, detention under section 3; and (ii) the tribunal had failed to explain, as it had said it would, why it did not make a recommendation." [Summary required.] | 2013-03-27 | 2013 cases, 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, ..→ | 2013-03-27 | 2013 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 ..→ | 2013-03-27 | 2013 cases, Miscellaneous, No summary, 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.] | 2013-03-26 | 2013 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.] | 2013-03-26 | 2013 cases, Best interests, No summary, Transcript |
| R (Children's Rights Alliance for England) v SSJ (2013) EWCA Civ 34, (2013) MHLO 16 — "This is an appeal, with permission granted by Maurice Kay LJ on 3 April 2012, against the judgment of Foskett J given in the Administrative Court on 11 January 2012 ([2012] EWHC Admin 8), by which he dismissed the appellant's application for judicial review seeking an order that the defendant Secretary of State provide or facilitate the provision of information to stated categories of children as to the illegal use of restraint techniques on them when they were detained in Secure Training Centres (STCs) in the United Kingdom." [Summary required; detailed external summary available.] | 2013-03-26 | 2013 cases, Miscellaneous, 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.] | 2013-03-26 | 2013 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.] | 2013-03-26 | 2013 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.] | 2013-03-26 | 2012 cases, Miscellaneous, No summary, Transcript |
| Re Buckley (2013) MHLO 13 (LPA) — "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.] | 2013-03-26 | 2013 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.] | 2013-03-26 | 2012 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.] | 2013-03-26 | 2010 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.] | 2013-03-26 | 2012 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.] | 2013-03-26 | 2013 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.] | 2013-03-25 | 2013 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.] | 2013-03-25 | 2013 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.] | 2013-03-25 | 2012 cases, 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.] | 2013-03-25 | 2013 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.] | 2013-02-08 | 2012 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.] | 2012-12-20 | 2012 cases, 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.] | 2012-12-20 | 2012 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.] | 2012-12-20 | 2012 cases, After-care, 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 ..→ | 2012-12-20 | 2012 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.] | 2012-12-20 | 2012 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.] | 2012-12-20 | 2012 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 ..→ | 2012-12-19 | 2012 cases, No summary, Transcript, Upper Tribunal decisions |
| AM v West London MH NHS Trust (2012) UKUT 382 (AAC), (2012) MHLO 139 — "The issue in this case is when a tribunal is under a duty to adjourn to obtain information on possible aftercare available to a patient. ... The social work evidence before the tribunal may have been incomplete, even inadequate, but that did not affect the tribunal’s ability to give Mr M a fair hearing and to deal with his case fairly and justly. On the tribunal’s findings, Mr M had not yet progressed to the point where the issue of aftercare that was actually available would arise. Without some acceptance or insight, Mr M could not progress to the point where his management in the community could even be tested by unescorted leave, let alone where he could be conditionally discharged." [Summary required.] | 2012-12-19 | 2012 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.] | 2012-12-19 | 2012 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.] | 2012-12-19 | 2012 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.] | 2012-12-19 | 2012 cases, 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.] | 2012-12-19 | 2011 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.] | 2012-12-17 | 2012 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.] | 2012-12-17 | 2012 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.] | 2012-12-17 | 2012 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.] | 2012-12-17 | 2012 cases, Community care, No summary, Transcript |
| Lalli v Spirita Housing Ltd (2012) EWCA Civ 497, (2012) MHLO 121 — Disability discrimination case. [Summary required.] | 2012-12-17 | 2012 cases, Disability discrimination, No summary, Transcript |
| Lacki v Poland (2012) EWHC 1747 (Admin), (2012) MHLO 120 — Extradition and mental health. [Summary required.] | 2012-12-17 | 2012 cases, 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.] | 2012-12-16 | 2010 cases, Miscellaneous, No summary, Transcript |
| R (C) v SSHD (2012) EWHC 801 (Admin), (2012) MHLO 118 — Mental health and immigration. [Summary required.] | 2012-12-16 | 2012 cases, 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.] | 2012-09-30 | 2012 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.] | 2012-08-31 | 2012 cases, 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.] | 2012-08-31 | 2012 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.] | 2012-08-18 | 2011 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.] | 2012-08-18 | 2011 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.] | 2012-06-23 | 2012 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.] | 2012-06-23 | 2012 cases, Deprivation of liberty, 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.] | 2012-06-23 | 2012 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.] | 2012-06-21 | 2012 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.] | 2012-06-21 | 2012 cases, Deprivation of liberty, 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.] | 2012-06-21 | 2012 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.] | 2012-06-21 | 2012 cases, No summary, Other capacity cases, Transcript |
| Austin v Commissioner of Police of the Metropolis (2007) EWCA Civ 989 — Kettling/Article 5 case. [Summary required.] | 2012-05-08 | 2007 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.] | 2012-05-05 | 2012 cases, 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.] | 2012-05-05 | 2011 cases, Best interests, 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.] | 2012-05-05 | 2011 cases, 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.] | 2012-05-05 | 2010 cases, COP costs cases, 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.] | 2012-04-28 | 2012 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.] | 2012-04-28 | 2012 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." | 2012-04-28 | 2008 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 ..→ | 2012-04-28 | 2011 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.] | 2012-03-28 | 2011 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.] | 2012-03-28 | 2011 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.] | 2012-03-19 | 2012 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.] | 2012-02-09 | 2012 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.] | 2012-01-27 | 2012 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.] | 2012-01-27 | 2012 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.] | 2012-01-05 | 2002 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.] | 2011-12-10 | 2011 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.] | 2011-12-10 | 2011 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.] | 2011-12-10 | 2002 cases, Best interests, No summary, Transcript |
| R (AK) v SSHD (2011) EWHC 3188 (Admin) — Immigration case with mental health element. [Summary required.] | 2011-12-10 | 2011 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.] | 2011-12-10 | 2011 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.] | 2011-12-10 | 2011 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.] | 2011-12-08 | 2011 cases, After-care, 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.] | 2011-11-26 | 2011 cases, No summary, Scottish cases, Transcript |
| AB v MHTS (2011) ScotSC B694/11 — Unsuccessful challenge to MHTS decision. [Summary required.] | 2011-11-26 | 2011 cases, No summary, Scottish cases, Transcript |
| R (BA) v SSHD (2011) EWHC 2748 (Admin) — Judicial review of detention pending deportation (psychiatric background). [Summary required.] | 2011-11-14 | 2011 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.] | 2011-11-14 | 2011 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.] | 2011-11-09 | 2011 cases, Best interests, No summary, Transcript |
| Re HM; SM v HM (2011) COP 11875043 4/11/11 — '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.] | 2011-11-09 | 2011 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.' ..→ | 2011-11-09 | 2011 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.] | 2011-10-05 | 2011 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.] | 2011-10-05 | 2011 cases, Best interests, No summary, Transcript |
| Surrey County Council v MB (2007) EWHC 3085 (Fam) — MCA, MHA, deprivation of liberty. [Summary required.] | 2011-09-29 | 2007 cases, Best interests, No summary, Transcript |
| R (FB) v SSHD (2011) EWHC 2044 (Admin) — Unlawful detention case involving mentally-ill immigrant. [Summary required.] | 2011-08-22 | 2011 cases, No summary, Repatriation cases, Transcript |
| Aylott v Stockton-on-Tees BC (2010) EWCA Civ 910 — DDA/employment. [Summary required.] | 2011-08-09 | 2010 cases, Disability discrimination, No summary, Transcript |
| DB v SSWP (2010) UKUT 144 (AAC) — Tribunal reasons and conflict of experts (industrial accidents case). [Summary required.] | 2011-08-09 | 2010 cases, No summary, Transcript, Upper Tribunal decisions |
| R v Louka (2010) EWCA Crim 2015 — Appeal against sentence. [Summary required.] | 2011-08-09 | 2010 cases, No summary, Sentence appeal cases, Transcript |
| R v Walton (aka Wright) (2010) EWCA Crim 2255 — Criminal appeal (fitness to plead). [Summary required.] | 2011-08-09 | 2010 cases, No summary, Transcript, Unfitness and insanity cases |
| R (AA) v SSHD (2010) EWHC 2265 (Admin) — Case involving immigrant with mental illness. [Summary required.] | 2011-08-09 | 2010 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.] | 2011-08-09 | 2010 cases, No summary, Prison law cases, Transcript |
| R (MK) v SSHD (2010) EWCA Civ 115 — Case involving immigrant with mental illness. [Summary required.] | 2011-08-09 | 2010 cases, No summary, Repatriation cases, Transcript |
| R (OM (Nigeria)) v SSHD (2010) EWHC 2147 (Admin) — Case involving immigrant with mental illness. [Summary required.] | 2011-08-09 | 2010 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.] | 2011-08-03 | 2011 cases, No summary, Scottish cases, Transcript |
| LA v MHTS (2011) ScotSC 20/7/11 — Unsuccessful appeal against Mental Health Tribunal for Scotland. [Summary required.] | 2011-08-02 | 2011 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. | 2011-07-25 | 2010 cases, No summary, Transcript, Upper Tribunal decisions |
| JG v MHTS (2011) ScotSC 17/6/11 — Unsuccessful appeal against Tribunal decision. [Summary required.] | 2011-07-20 | 2011 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) | 2011-07-20 | 2011 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.] | 2011-07-20 | 2011 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.] | 2011-07-20 | 2011 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.] | 2011-07-20 | 2011 cases, No summary, Other capacity cases, Transcript |
| R v Hopkins; R v Priest (2011) EWCA Crim 1513 — Prosecution under MCA 2005 s44. [Summary required.] | 2011-07-18 | 2011 cases, Criminal law capacity cases, No summary, Other capacity cases, Transcript |
| KY v DD (2011) EWHC 1277 (Fam) — Guidance on without notice applications. [Summary required.] | 2011-07-18 | 2011 cases, No summary, Other capacity cases, Transcript |
| Hackett v CPS (2011) EWHC 1170 (Admin) — Undue influence. [Summary required.] | 2011-06-22 | 2011 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.] | 2011-06-19 | 2011 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.] | 2011-06-16 | 2011 cases, Deprivation of liberty, No summary, Transcript |
| Re S-C (Mental Patient: Habeas Corpus) (1995) EWCA Civ 60 — Habeas corpus. [Summary required.] | 2011-05-26 | 1995 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. | 2011-04-30 | 2010 cases, 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.] | 2011-03-30 | 2009 cases, Community care, 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.] | 2011-03-18 | 2010 cases, No summary, Transcript, Upper Tribunal decisions |
| R (Guntrip) v SSJ (2010) EWHC 3188 (Admin) — Parole Board Article 5(4) delay case. [Summary required.] | 2011-01-23 | 2010 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.] | 2011-01-06 | 2010 cases, Best interests, No summary, Transcript |
| Re HM; PM v KH (2010) EWHC 2107 (Fam) — Costs orders against PM. [Summary required.] | 2011-01-06 | 2010 cases, Best interests, No summary, Transcript |
| Re HM; PM v KH (2010) EWHC 871 (Fam) — Best interests case. [Transcript and summary required.] | 2011-01-06 | 2010 cases, Best interests, 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.] | 2011-01-04 | 2010 cases, COP costs cases, Deprivation of liberty, No summary, Transcript |
| Re KS (2010) COP 99162476 — Costs under the Court of Protection Rules. [Summary required.] | 2010-12-20 | 2010 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.] | 2010-12-16 | 2010 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.] | 2010-12-16 | 2010 cases, No summary, Other capacity cases, Transcript |
| Perrins v Holland (2010) EWCA Civ 1398 — Unsuccessful costs appeal. [No summary.] | 2010-12-09 | 2010 cases, No summary, Other capacity cases, Transcript |
| Re JG (Estate Planning for Adults who have lost Capacity) (2009) ScotSC 77 — Scottish case. [Summary required.] | 2010-11-28 | 2009 cases, No summary, Scottish cases, Transcript |
| JG v MHTS (2010) ScotSC 14/10/10 — Challenge to Mental Health Tribunal for Scotland decision. [Summary required.] | 2010-11-26 | 2010 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. | 2010-10-30 | 2005 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.] | 2010-10-29 | 2005 cases, Best interests, No summary, Transcript |
| R v Oakley (2010) EWCA Crim 2419 — Sentencing for diminished responsibility manslaughter. [Summary required.] | 2010-10-27 | 2010 cases, Diminished responsibility cases, No summary, Transcript |
| A Local Authority v DL (2010) EWHC 2675 (Fam) — Scope of inherent jurisdiction. [Summary required.] | 2010-10-25 | 2010 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.] | 2010-10-22 | 2010 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.] | 2010-10-18 | 2010 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.] | 2010-10-18 | 2010 cases, No summary, Other capacity cases, Transcript |
| R v Cooper (2010) EWCA Crim 2335 — Unsuccessful appeal against s45A hybrid order. [Summary required.] | 2010-10-18 | 2010 cases, Hybrid order cases, No summary, Transcript |
| Re SA; FA v Mr A (2010) EWCA Civ 1128 — Court of Protection case. [Summary to follow.] | 2010-10-18 | 2010 cases, Best interests, 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.] | 2010-10-06 | 2010 cases, No summary, Other capacity cases, Transcript |
| Peters v East Midlands SHA (2009) EWCA Civ 145 — [Summary required.] | 2010-10-04 | 2009 cases, No summary, Other capacity cases, Transcript |
| Attorney General v Ratra (2003) EWHC 1291 (Admin) — Vexatious litigant. [Summary required.] | 2010-09-27 | 2003 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.] | 2010-09-27 | 2009 cases, Miscellaneous, No summary, Transcript |
| Eagle v Chambers (2004) EWCA Civ 1033 — [Summary required.] | 2010-09-27 | 2004 cases, Miscellaneous, No summary, Transcript |
| 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.] | 2010-09-23 | 2010 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.] | 2010-08-07 | 2007 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.] | 2010-07-20 | 1997 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.] | 2010-07-20 | 2005 cases, Best interests, No summary, Transcript |
| Re HM; PM v KH (2009) EWHC 2685 (Fam) — Best interests case. [Transcript and summary required.] | 2010-07-19 | 2009 cases, Best interests, No summary, No transcript |
| Stojanovski v Former Yugoslav Republic of Macedonia 1431/03 (2009) ECHR 1615 — Breach of Article 5. [Summary required.] | 2010-07-09 | 2009 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript |
| SSHD v AP (2010) UKSC 24 — Control order/deprivation of liberty case. [Summary required.] | 2010-06-18 | 2010 cases, Deprivation of liberty, 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.] | 2010-06-18 | 2010 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.] | 2010-05-06 | 2010 cases, 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.] | 2010-05-01 | 2005 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.] | 2010-04-11 | 2010 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.] | 2010-04-11 | 2005 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.] | 2010-04-11 | 2010 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.] | 2010-03-15 | 2010 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.] | 2010-03-02 | 2010 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.] | 2010-03-02 | 2010 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.] | 2009-12-09 | 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript |
| Z v Khattak (2008) IEHC 262 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] | 2009-12-09 | 2008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript |
| 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.] | 2009-12-09 | 2009 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.] | 2009-11-30 | 1996 cases, Best interests, No summary, Scottish cases, Transcript |
| Her Majesty's Advocate v S (1999) ScotHC 183 — Fitness to plead. [Summary required.] | 2009-11-30 | 1999 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.] | 2009-11-30 | 2001 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.] | 2009-11-30 | 2001 cases, Diminished responsibility cases, No summary, Scottish cases, Transcript |
| Re Maughland (Determination Into the Death of) (2003) ScotSC 10 — [Summary required.] | 2009-11-30 | 2003 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.] | 2009-11-30 | 2005 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.] | 2009-11-30 | 2006 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.] | 2009-11-01 | 2007 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.] | 2009-11-01 | 2008 cases, Miscellaneous, No summary, Scottish cases, Transcript |
| Paterson v Kent (2006) ScotSC 48 — Successful appeal against MHTS decision. [Summary required.] | 2009-11-01 | 2006 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.] | 2009-11-01 | 2006 cases, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Lothian Health Board v Martin and MHTS (2007) — Unsuccessful appeal against MHTS decision. [Summary required.] | 2009-11-01 | 2007 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.] | 2009-11-01 | 2006 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.] | 2009-11-01 | 2006 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.] | 2009-11-01 | 2006 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.] | 2009-11-01 | 2002 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.] | 2009-11-01 | 2002 cases, No summary, Sentence appeal cases, Transcript |
| R v Czarnota (Michael) (2002) EWCA Crim 785 — Restriction order quashed on appeal. [Summary required.] | 2009-11-01 | 2002 cases, No summary, Restriction order cases, Transcript |
| R (SSHD) v MHRT, re PG (2002) EWHC 2043 (Admin) — Inadequate reasons. [Summary required.] | 2009-11-01 | 2002 cases, No summary, Reasons, Transcript |
| R (S) v SSHD and Parole Board (2002) EWHC 2424 (Admin) — Licence recall while on s3. [Summary required.] | 2009-10-31 | 2002 cases, No summary, Prison law cases, Transcript |
| R (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.] | 2009-10-31 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (N) v Dr M (2002) EWHC 1911 (Admin) — Unsuccessful challenge to compulsory treatment. [Summary required.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2002 cases, Ministry of Justice, No summary, Transcript |
| R (LH) v MHRT (2002) EWHC 170 (Admin) — Permission to appeal against Tribunal decision refused. [Summary required.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2002 cases, No summary, Other Tribunal cases, Transcript |
| R (Heather) v Leonard Cheshire Foundation (2001) EWHC Admin 429 — Care home closure. [Summary required.] | 2009-10-31 | 2001 cases, Community care, No summary, Transcript |
| R (Heather) v Leonard Cheshire Foundation (2002) EWCA Civ 366 — Care home closure. [Summary required.] | 2009-10-31 | 2002 cases, Community care, No summary, Transcript |
| R (D) v SSHD (2002) EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal. [Summary required.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2002 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.] | 2009-10-31 | 2001 cases, Community care, No summary, Transcript |
| R (C) v Lincolnsire Health Authority (2001) EWHC Admin 685 — [Summary required.] | 2009-10-30 | 2001 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.] | 2009-10-30 | 2002 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.] | 2009-10-30 | 2002 cases, No summary, Other capacity cases, Transcript |
| Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.] | 2009-10-30 | 2001 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.] | 2009-10-30 | 2002 cases, Life sentence cases, No summary, Transcript |
| Cook v Bradford Community Health NHS Trust (2002) EWCA Civ 1616 — Negligence case. [Summary required.] | 2009-10-30 | 2002 cases, Miscellaneous, No summary, Transcript |
| R (Wirral Health Authority) v Dr Finnegan, re DE (2001) EWHC Admin 312 — [Summary required.] | 2009-10-30 | 2001 cases, No summary, Other Tribunal cases, Transcript |
| R (Wirral Health Authority) v MHRT, re DE (2001) EWCA Civ 1901 — [Summary required.] | 2009-10-30 | 2001 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.] | 2009-10-30 | 2001 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.] | 2009-10-30 | 2001 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.] | 2009-10-30 | 2001 cases, No summary, Other NR cases, Transcript |
| AL v Mental Health Tribunal for Scotland (2007) ScotSC 44 — Successful challenge to MHTS decision. [Summary required.] | 2009-10-24 | 2007 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.] | 2009-10-24 | 2006 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.] | 2009-10-08 | 2009 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.] | 2009-06-15 | 2009 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.] | 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Dunn v South Tyneside Health Care NHS Trust (2003) EWCA Civ 878 — Clinical negligence - hourly observations were reasonable. [Summary required.] | 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052 — Hospital order quashed. [Summary required.] | 2009-06-14 | 2003 cases, Hospital order cases, No summary, Transcript |
| R (A) v SSHD (2003) EWHC 270 (Admin) — It was not unfair that a differently-constituted Tribunal panel were to consider the claimant's case after the original deferred conditional discharge. [Summary required.] | 2009-06-14 | 2003 cases, No summary, Other Tribunal cases, Transcript |
| R (A) v Home Secretary (2003) EWHC 2846 (Admin) — Unsuccessful challenge to the decision of the decision of the Secretary of State to permit the claimants to be interviewed by journalists but only if the interviews were conducted within earshot of officials and were tape recorded. [Summary required.] | 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (Bitcon) v West Allderdale Magistrates Court (2003) EWHC 2460 (Admin) — Unsuccessful challenge to magistrates' revocation of s35 order. [Summary required.] | 2009-06-14 | 2003 cases, No summary, Other criminal law cases, Transcript |
| R (C) v South London and Maudsley NHS Trust and MHRT (2003) EWHC 3467 (Admin) — Unsuccessful challenge to lawfulness of s4 detention and Tribunal's decision to adjourn. [Summary required.] | 2009-06-14 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (K) v Dr Hughes (2003) EWHC 357 (Admin) — Challenge to administration of ECT. [Summary required.] | 2009-06-14 | 2003 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v SSHD (2003) EWCA Civ 426 — Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. [Summary required] | 2009-06-14 | 2003 cases, No summary, Other criminal law cases, Transcript |
| R (South West Yorkshire Mental Health NHS Trust) v Bradford Crown Court (2003) EWCA Civ 1857 — Criminal law - High Court lacked jurisdiction. [Summary required] | 2009-06-14 | 2003 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 | 2009-04-26 | 2009 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). | 2009-04-19 | 2001 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. | 2009-04-19 | 2001 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 | 2009-04-18 | 2008 cases, Inquests, No summary, Transcript |
| R v Safi (2007) EWCA Crim 1392 — Appeal against restriction order dismissed. | 2009-04-13 | 2007 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. | 2009-04-12 | 2002 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.] | 2009-04-12 | 2004 cases, Inquests, Miscellaneous, No summary, Transcript |
| R (Burke) v General Medical Council (2005) EWCA Civ 1003 — Artificial nutrition and hydration. | 2009-04-12 | 2005 cases, Best interests, No summary, Transcript |
| R (Burke) v General Medical Council (2004) EWHC 1879 (Admin) — Artificial nutrition and hydration. | 2009-04-12 | 2004 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. | 2009-04-12 | 2008 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. | 2009-04-12 | 2009 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). | 2009-04-12 | 2007 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. | 2009-04-12 | 2009 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. | 2009-04-12 | 2007 cases, Community care, No summary, Transcript |
| R (Johnson) v SSHD (2007) EWCA Civ 427 — Parole Board delay breached Article 5(4). | 2009-04-12 | 2007 cases, No summary, Prison law cases, Transcript |
| Re F (Adult Patient) (2000) EWCA Civ 3029 — Court's jurisdiction. | 2009-04-12 | 2000 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). | 2009-04-12 | 2000 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." | 2009-04-12 | 2000 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." | 2009-04-12 | 2000 cases, No summary, Repatriation cases, Transcript |
| R (Von Brandenburg) v Tower Hamlets Health Care NHS Trust (2000) EWHC Admin 362 — Resectioning after Tribunal hearing. | 2009-04-12 | 2000 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. | 2009-04-11 | 2000 cases, Miscellaneous, No summary, Transcript |
| R (B) v Uxbridge County Court (2000) EWHC 641 (Admin) — Unsuccessful appeal against s29 displacement order. | 2009-04-11 | 2000 cases, Displacement, No summary, Transcript |
| Nora McClelland v Simon S (2000) EWCA Civ 3028 — Unsuccessful appeal against s29 displacement order. | 2009-04-11 | 2000 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". | 2009-04-11 | 2000 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. | 2009-04-11 | 2000 cases, Miscellaneous, No summary, Transcript |
| Smirek v Williams (2000) EWCA Civ 3025 — Unsuccessful appeal against displacement order under s29. | 2009-04-11 | 2000 cases, Displacement, No summary, Transcript |
| R (F) v Liverpool City Council (1997) EWHC Admin 375 — Identification of nearest relative. | 2009-04-11 | 1997 cases, No summary, Other NR cases, Transcript |
| Re Rodrigues (1997) EWCA Civ 1630 — Unfounded habeas corpus application. | 2009-04-11 | 1997 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. | 2009-04-11 | 1997 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). | 2009-04-11 | 2005 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. | 2009-04-11 | 2003 cases, No summary, Transcript, Unfitness and insanity cases |
| AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) (2003) EWCA Crim 1824 — Prison sentence of 3 years increased to 8 (or 10?) years. | 2009-04-11 | 2003 cases, No summary, Other criminal law cases, Transcript |
| R v Lane (Geoffrey) (2003) EWCA Crim 382 — Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order. | 2009-04-11 | 2003 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. | 2009-04-11 | 2003 cases, No summary, Transcript, Unfitness and insanity cases |
| R v Frampton (2003) EWCA Crim 3649 — Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment. | 2009-04-11 | 2003 cases, No summary, Sentence appeal cases, Transcript |
| R v Dietschmann (2003) UKHL 10 — Effect of alcohol on diminished responsibility. | 2009-04-11 | 2003 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. | 2009-04-11 | 2002 cases, No summary, Transcript, Unfitness and insanity cases |
| R v R (2002) EWCA Crim 165 — Appeal against restriction order allowed. | 2009-04-11 | 2002 cases, No summary, Restriction order cases, Transcript |
| R v Kearney (2002) EWCA Crim 2772 — Appeal against restriction order allowed. | 2009-04-11 | 2002 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. | 2009-04-11 | 2002 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. | 2009-04-11 | 2002 cases, No summary, Sentence appeal cases, Transcript |
| R v Goode (2002) EWCA Crim 1698 — Appeal against restriction order refused. | 2009-04-11 | 2002 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 cases, Life sentence cases, No summary, Transcript |
| R v Skermer (Mark) (2001) EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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). | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 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. | 2009-04-11 | 2001 cases, No summary, Sentence appeal cases, Transcript |
| R v Reynolds (Daniel Ferdinand George) (2000) EWCA Crim 3539 — Appeal against restriction order allowed. | 2009-04-11 | 2000 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). | 2009-04-11 | 2000 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. | 2009-04-11 | 2000 cases, No summary, Sentence appeal cases, Transcript |
| R v Jones (Michelle Louise) (2000) EWCA Crim 3538 — Appeal against restriction order allowed. | 2009-04-11 | 2000 cases, No summary, Restriction order cases, Transcript |
| R v Kamara (2000) EWCA Crim 17 — Appeal against restriction order dismissed. | 2009-04-11 | 2000 cases, No summary, Restriction order cases, Transcript |
| R v Disley v (1996) EWCA Crim 362 — Appeal against restriction order dismissed. | 2009-04-11 | 1996 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. | 2009-04-10 | 1998 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. | 2009-01-22 | 2004 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. | 2009-01-21 | 2009 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. | 2008-11-27 | 2001 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) | 2008-11-25 | 2008 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. | 2008-11-24 | 2006 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. | 2008-11-24 | 2005 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. | 2008-10-30 | 2008 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. | 2008-10-23 | 2008 cases, Bias, No summary, Reasons, Transcript |
| Munjaz v UK 32913/06 (2008) ECHR 215 — Statement of facts and questions lodged with the court. | 2008-10-23 | 2008 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. | 2008-10-15 | 1998 cases, Miscellaneous, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority (1997) EWCA Civ 2875 — Permission granted to appeal (challenge to Broadmoor search policy). | 2008-10-15 | 1997 cases, Miscellaneous, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority (1997) EWHC Admin 875 — Broadmoor's random and routine search policy was lawful. | 2008-10-15 | 1997 cases, Miscellaneous, No summary, Transcript |
| Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust (1998) EWCA Civ 1347 — Unsuccessful judicial review and habeas corpus applications challenging renewal of detention while patient was spending most of week on leave. | 2008-10-15 | 1998 cases, Miscellaneous, No summary, Transcript |
| 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. | 2008-10-15 | 2004 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.] | 2008-10-15 | 2003 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.] | 2008-10-15 | 2000 cases, No summary, Other capacity cases, Transcript |
| R (Stevens) v Plymouth City Council, re C (2002) EWCA Civ 388 — Confidentiality. | 2008-10-15 | 2002 cases, No summary, Other NR cases, Transcript |
| R (Morley) v Nottinghamshire Health Care NHS Trust (2002) EWCA Civ 1667 — Disclosure of documents. | 2008-10-15 | 2002 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.] | 2008-10-13 | 2008 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript |
| R v Antoine (1999) EWCA Crim 1171 — Post-judgment discussion. | 2008-09-22 | 1999 cases, No summary, Transcript, Unfitness and insanity cases |
| R v Antoine (1999) EWCA Crim 1170 — Court of Appeal judgment. | 2008-09-22 | 1999 cases, No summary, Transcript, Unfitness and insanity cases |
| R v Diamond (2008) EWCA Crim 923 — Criminal appeal - diminished responsibility. | 2008-09-13 | 2008 cases, Diminished responsibility cases, No summary, Transcript |
| AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB) — Negligence. | 2008-09-13 | 2008 cases, Miscellaneous, No summary, Transcript |
| X v An NHS Trust (2008) EWHC 986 (Admin) — Section 37. | 2008-09-13 | 2008 cases, Hospital order cases, No summary, Transcript |
| R (SSJ) v MHRT, re Rafiq (2008) EWHC 598 (Admin) — Tribunal reasons. | 2008-09-13 | 2008 cases, No summary, Reasons, Transcript |
| R (Juncal) v SSHD (2008) EWCA Civ 869 — Lawfulness of detention. | 2008-09-13 | 2008 cases, No summary, Transcript, Unfitness and insanity cases |
| R v Leslie Norman (2008) EWCA Crim 1810 — Criminal appeal. Fitness to plead. | 2008-09-13 | 2008 cases, No summary, Transcript, Unfitness and insanity cases |
| Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case. | 2008-09-13 | 2008 cases, Miscellaneous, No summary, Transcript |
| Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract. | 2008-09-13 | 2007 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). | 2008-09-13 | 1997 cases, No summary, Transcript, Unimportant cases |
| R (Baptiste) v Anglia and Oxfordshire Regional MHRT (1997) EWHC Admin 858 — Hearing adjourned. | 2008-09-13 | 1997 cases, No summary, Transcript, Unimportant cases |
| Re MB (2005) EWCA Civ 1293 — No permission to appeal (Part VII case) | 2008-09-13 | 2005 cases, No summary, Permission hearings, Transcript |
| R (Wirral Health Authority v MHRT (2001) EWCA Civ 1572 — Permission to appeal granted | 2008-09-13 | 2001 cases, No summary, Permission hearings, Transcript |
| R (J) MHRT North London and East Region (2001) EWCA Civ 1705 — Permission to appeal granted | 2008-09-13 | 2001 cases, No summary, Permission hearings, Transcript |
| R (SSHD) v MHRT, re Grey (2002) EWCA Civ 1053 — Permission to appeal refused (unexplained delay) | 2008-09-13 | 2002 cases, No summary, Permission hearings, Transcript |
| R (W) v Doncaster Metropolitan Borough Council (2004) EWCA Civ 378 — After-care. | 2008-09-13 | 2004 cases, After-care, No summary, Transcript |
| R (W) v Doncaster Metropolitan Borough Council (2003) EWHC 192 (Admin) — After-care. | 2008-09-13 | 2003 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. | 2008-09-13 | 2006 cases, After-care, No summary, Transcript |
| R (S) v Collins (1998) EWCA Civ 1349 — Challenge to compulsory treatment. | 2008-09-13 | 1998 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1998) EWHC Admin 490 — Challenge to compulsory treatment. | 2008-09-13 | 1998 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1997) EWCA Civ 2019 — Challenge to compulsory treatment. | 2008-09-13 | 1997 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. | 2008-09-13 | 1997 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (S) v Collins (1997) EWHC Admin 156 — Transferred to judge experienced in JR. | 2008-09-13 | 1997 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1998) UKHL 24 — Bournewood gap. | 2008-09-13 | 1998 cases, Deprivation of liberty, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWCA Civ 2879 — Bournewood gap. | 2008-09-13 | 1997 cases, Deprivation of liberty, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust (1997) EWHC Admin 850 — Bournewood gap. | 2008-09-13 | 1997 cases, Deprivation of liberty, No summary, Transcript |
| R (Bartram) v Southend Magistrates Court (2004) EWHC 2691 (Admin) — Section 37. | 2008-09-12 | 2004 cases, Hospital order cases, No summary, Transcript |
| Narey v HM Customs and Excise (2005) EWHC 784 (Admin) — s5 CPIA 1964. | 2008-09-12 | 2005 cases, No summary, Transcript, Unfitness and insanity cases |
| R v IA (2005) EWCA Crim 2077 — Life sentence or s37/41. | 2008-09-12 | 2005 cases, Life sentence cases, No summary, Transcript |
| R v Golding (2006) EWCA Crim 1965 — Imposition of restriction order was justified on the facts. | 2008-09-12 | 2006 cases, No summary, Restriction order cases, Transcript |
| Megyeri v Germany 13770/88 (1992) ECHR 49 — Importance of legal representation. | 2008-09-12 | 1992 cases, ECHR, No summary, Transcript |
| Kolanis v UK 517/02 (2005) ECHR 411 — Conditional discharge/Article 5. | 2008-09-12 | 2005 cases, After-care, ECHR, No summary, Transcript |
| R (IR) v Dr Shetty (2003) EWHC 3152 (Admin) — Technical lifer status. | 2008-09-12 | 2003 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. | 2008-09-12 | 2002 cases, Ministry of Justice, No summary, Transcript |
| R (Kelly) v MHRT Merseyside (1997) EWHC Admin 398 — Breach of rules of natural justice. | 2008-09-12 | 1997 cases, No summary, Other Tribunal cases, Transcript |
| R (S) v MHRT (2002) EWHC 2522 (Admin) — Medical member's role. | 2008-09-12 | 2002 cases, Bias, No summary, Transcript |
| R (X) v MHRT (2003) EWHC 1272 (Admin) — Adjournment. | 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (MP) v Nottingham Healthcare NHS Trust (2003) EWHC 1782 (Admin) — Tribunal powers with respect to restricted patients. | 2008-09-12 | 2003 cases, No summary, Powers, Transcript |
| R (Demetri) v South West Thames MHRT (1997) EWHC Admin 622 — Reasons. | 2008-09-12 | 1997 cases, No summary, Reasons, Transcript |
| R (Booth) v MHRT Merseyside (1997) EWHC Admin 816 — Unsuccessful reasons challenge. | 2008-09-12 | 1997 cases, No summary, Reasons, Transcript |
| R (Evans) v Brockhill Prison (2000) UKHL 48 — False imprisonment. | 2008-09-12 | 2000 cases, No summary, Prison law cases, Transcript |
| R (Evans) v Brockhill Prison (1998) EWCA Civ 1042 — False imprisonment. | 2008-09-12 | 1998 cases, No summary, Prison law cases, Transcript |
| R (Evans) v Brockhill Prison (1997) EWHC Admin 544 — False imprisonment. | 2008-09-12 | 1997 cases, No summary, Prison law cases, Transcript |
| R (Evans) v Brockhill Prison (1996) EWHC Admin 234 — False imprisonment. | 2008-09-12 | 1996 cases, No summary, Prison law cases, Transcript |
| R (Page) v Secretary of State for Justice (2007) EWHC 2026 (Admin) — Prison law case. | 2008-09-12 | 2007 cases, No summary, Prison law cases, Transcript |
| London Borough of Barnet v Robin (1998) EWCA Civ 1630 — Unsuccessful appeal against s29 displacement order. | 2008-09-11 | 1998 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. | 2008-02-23 | 2006 cases, Miscellaneous, No summary, Transcript |
| Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source. | 2008-02-23 | 2007 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. | 2008-02-22 | 2006 cases, Hybrid order cases, No summary, Transcript |
| R v Beatty (2006) EWCA Crim 2349 — Technical lifer's sentence quashed and substituted with s37/41. | 2008-02-22 | 2006 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 | 2008-02-22 | 2007 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.] | 2008-02-22 | 2007 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. | 2008-02-22 | 2004 cases, Displacement, No summary, Transcript |
| R (JB) v Dr Haddock (2006) EWCA Civ 961 — Challenge to compulsory treatment. | 2008-02-22 | 2006 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (Taylor) v Dr Haydn-Smith (2005) EWHC 1668 (Admin) — Challenge to compulsory treatment. | 2008-02-22 | 2005 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. | 2007-02-07 | 2005 cases, Consulting NR, No summary, Transcript |
| Nielsen v Denmark 33488/96 (2000) ECHR 81 — Article 5 and child's admission to a psychiatric ward which had been arranged by his mother. [Summary required.] | 2007-02-07 | 2000 cases, ECHR, ECHR deprivation of liberty cases, No summary, Transcript |
| Rakevich v Russia 58973/00 (2003) ECHR 558 — Detention and Article 5. [Summary required.] | 2007-02-07 | 2003 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.] | 2007-02-07 | 2005 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. | 2007-02-07 | 1997 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). | 2006-04-16 | 2002 cases, No summary, Transcript, Tribunal delay |
| R (Duncan and Mackintosh) v Legal Aid Board (2000) EWHC Admin 294 — Unsuccessful claim against Legal Aid Board. | 2006-04-16 | 2000 cases, Miscellaneous, No summary, Transcript |
| R (von Brandenburg) v East London and City MH NHS Trust (2001) EWCA Civ 239 — Resectioning after hearing. | 2006-04-16 | 2001 cases, No summary, Re-sectioning after hearing, Transcript |
| R (Munjaz) v Ashworth Hospital Authority (2003) EWCA Civ 1036 — Departure from Code of Practice. | 2006-04-16 | 2003 cases, Miscellaneous, No summary, Transcript |
| R (LI) v MHRT (2004) EWHC 51 (Admin) — Successful reasons challenge. | 2006-04-16 | 2004 cases, No summary, Reasons, Transcript |
| R (PS) v Dr G (2003) EWHC 2335 (Admin) — Challenge to compulsory treatment. | 2006-04-16 | 2003 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (D) v SSHD (2004) EWHC 2857 (Admin) — Delay in transfer between hospitals. | 2006-04-15 | 2004 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). | 2006-04-15 | 2004 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. | 2006-04-13 | 2005 cases, Challenges to compulsory treatment, No summary, Transcript |
| Lewis v Gibson (2005) EWCA Civ 587 — Appeal of interim s29 displacement order. Appeal dismissed. | 2006-04-13 | 2005 cases, Displacement, No summary, Transcript |
| R (B) v Dr Haddock (2005) EWHC 921 (Admin) — Challenge to compulsory administration of medication. Claim dismissed. | 2006-04-13 | 2005 cases, Challenges to compulsory treatment, No summary, Transcript |
| R (K) v West London MH NHS Trust (2005) EWHC 1454 (Admin) — Leave/funding. | 2006-04-13 | 2005 cases, Ministry of Justice, No summary, Transcript |
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