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Settled cases and forthcoming judgments

From Mental Health Law Online

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Feel free to add to this page (see Help page). See the main Mental health case law page for the cases which have a transcript or summary.

Contents

Settled cases

  • Section 2 papers left on ward and not received by MHA administrator until 9 days into section. Settled for £1000 after letter before claim (2005).
  • Hospital thought unrestricted CPIA 1964 s5 began when the Secretary of State specified the hospital rather than on the date of the court order. The first purported renewal was therefore carried out after the section had expired (as were the subsequent renewals). Trust admitted liability and the case was settled for £9000 after letter before claim (2007).
  • R (Dr McLaughlin) v LB of Camden (Admin Court, 2006): 'In a group action involving 20 clients, 6 Claimants with mental health problems issued Judicial Review proceedings challenging the lawfulness of Camden Council’s decision to close a Mental Health Day Centre. The challenge was on grounds of failure to consult, to assess needs and a breach of Article 8 rights. The Council conceded there was a failure to consult and settled. The Day Centre was reinstated and a full consultation process embarked on.' Details taken from: Bindmans website

Forthcoming judgments

See also Mental health law in the media

Liam Brunskill (DOL/best interests)

Re SJ (Deprivation of liberty, Ryder J)

Re M (Minimally-conscious state, Baker J)

Application to Court of Protection for cessation of artificial nutrition and hydration of patient in minimally conscious state (as opposed to persistent vegetative state). Judgment in this case has been handed down: Re M; W v M (2011) EWHC 2443 (Fam).

Re P (Cancer treatment, Baron J)

Re P (Persistent vegetative state, Charles J)

Re L (Palliative care, Peter Jackson J)

Re P (Sterilisation, Sir Nicholas Wall)

Cheshire (Article 5)

'...clarification of the application of Article 5(1) ECHR to those in care homes who are subject to restraint for their own protection, the Court of Appeal having granted permission to the applicant local authority to appeal the decision of Baker J in Cheshire West and Chester Council v P (2011) EWHC 1330 (COP), the hearing taking place in late September.' (source: 39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011))

Re RK (Article 5)

'...clarification of the application of Article 5(1) ECHR to those between 16 and 18, the Court of Appeal hearing the Official Solicitor’s appeal against the decision of Mostyn J in Re RK; YB v BCC (2010) EWHC 3355 (COP)' (source: 39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011))

MIG and MEG (Article 5)

'...possible further consideration of MIG and MEG by the Supreme Court' (source: 39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011))

Re P (bodily samples)

'...clarification from the President of the circumstances under which bodily samples (including DNA) may be taken from P for purposes of determining the parentage of any person, judgment on an application raising this point being expected in late September/early October' (source: 39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011))

Re P (MHA)

'...clarification by the Divisional Court of the circumstances in which (and the powers under which) hospitals may detain those without the relevant capacity pending the making of applications for their admission under the Mental Health Act 1983, judgment on this point being expected in early October' (source: 39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011))