The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Page and summary	Date added to site	Categories
X v MHRT for NI (2012) NIQB 1, (2012) MHLO 31 — In previous judicial review proceedings, X had established that in NI where there is a mandatory duty to discharge it cannot lawfully be deferred. He now sought to bring a negligence and false imprisonment claim against the Tribunal and the Trust for his detention during a six-week deferral period. To sue the Tribunal he required leave of the High Court (under Article 133 Mental Health (Northern Ireland) Order 1986, the equivalent of s139): the test is whether on the materials immediately available to the court the complaint deserves fuller investigation. Leave was refused because there had been a difficult question of statutory construction and no bad faith or lack of reasonable care.	2012-03-24	2012 cases, Brief summary, Northern Irish cases, Transcript
Re JR49 (Application for Judicial Review) (2011) NIQB 41 — The order authorising removal from a hospital in NI to a hospital in England pursuant to MHA 1983 s82 was quashed.	2011-05-26	2011 cases, Brief summary, Northern Irish cases, Transcript
SSNI, Re Judicial Review (Oswald Brown) (2006) NIQB 94 — It was lawful for the hunger-striking prisoner, who lacked capacity, to be given nutrition.	2010-01-12	2006 cases, Best interests, Brief summary, Northern Irish cases, Transcript
Re BS (2009) NIFam 5 — A medical examination of BS in the context of an application for a Controller to be appointed in respect of her affairs would not breach Article 8 and should take place.	2009-04-12	2009 cases, Brief summary, Northern Irish cases, Other capacity cases, 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
X, Re Judicial Review (2009) NIQB 2 — Based on the general legislative purpose underlying Article 77(2) Mental Health (NI) Order 1986 and the constitutional principle in favour of liberty, the MHRT in Northern Ireland does not have the power to direct the discharge of an unrestricted patient at a future date where there is a mandatory duty to discharge the patient; a deferred discharge is only lawful for a discretionary discharge	2009-01-11	2009 cases, Brief summary, Northern Irish cases, Powers, Transcript
R v Warwick (2008) NICC 42 — As the Mental Health (Northern Ireland) Order 1986 does not allow detention for personality disorder, the risks in this case could only be addressed by the imposition of a discretionary life sentence (which would be followed by a transfer to Carstairs) rather than a hospital order.	2008-12-06	2008 cases, Brief summary, Northern Irish cases, Other criminal law cases, Transcript
McGrady, Re Application for Judicial Review (2003) NIQB 15 — (1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of Article 5(4), DN v Switzerland 27154/95 (2001) ECHR 235 distinguished.	2008-11-27	2003 cases, Bias, Brief summary, Miscellaneous, Northern Irish cases, Transcript
McGee, Re Judicial Review (2007) NICA 38 — The detention of the claimant under Article 7 of the Mental Health (NI) Order 1986 (similar to s5(2) MHA 1983) following a MHRT decision to discharge was lawful: (1) the authorities had formed the bona fide opinion that his mental state had since deteriorated; (2) Article 7 applied since the claimant had not divested himself of his in-patient status.	2008-02-23	2007 cases, Brief summary, Northern Irish cases, Re-sectioning after hearing, Transcript
R v Francis (2008) NICA 6 — Both hospital orders to which the claimant was subject were quashed, on the basis that when sentenced he had not been suffering from severe mental impairment as defined in the Mental Health (Northern Ireland) Order 1986.	2008-02-23	2008 cases, Brief summary, Hospital order cases, Northern Irish cases, Transcript