Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Category:Miscellaneous

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The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
Re X (anonymity) (2014) MHLO 90 (CA) — The press has reported this case as follows: A restricted transferred prisoner patient in medium security judicially reviewed the Secretary of State's refusal to grant permission for unescorted community leave. Cranston J refused to make an anonymity order, a decision upheld by the Court of Appeal (Lord Dyson MR; Maurice Kay LJ, VP; Floyd LJ). It is understood that an appeal will be made to the Supreme Court. 2014-08-112014 cases, Brief summary, Miscellaneous, No transcript
NMcM v SSWP (DLA) (2014) UKUT 312 (AAC), (2014) MHLO 88 — "What is meant by the statutory expression 'a state of arrested development or incomplete physical development of the brain'? This is one, but only one, of a number of tightly defined conditions which must be satisfied under the 'severe mental impairment' (SMI) rules in order to qualify for the higher rate of the mobility component of disability living allowance (DLA). It is the main issue arising on this appeal. Social Security Commissioner’s decision R(DLA) 2/96 has long been recognised as authority for the proposition that the human brain is fully developed before an adult reaches the age of 30. On that basis it has been consistently held that a person who suffers from what would otherwise be regarded as 'a state of arrested development or incomplete physical development of the brain' does not qualify under the SMI rules if that condition first occurs after the age of 30 (e.g. as a result of traumatic brain injury). I refer to this as the 'age 30 cut-off rule'. In the light of ..→2014-08-082014 cases, Miscellaneous, No summary, Transcript
LB Bexley v V (2014) EWHC 2187 (Fam), (2014) MHLO 82 — 'This matter is listed for a directions hearing at my direction in light of the contumelious failure of the London Borough of Bexley to comply with directions set out in an order of 12 May 2014. By paragraph 19 of that order the local authority were to file their final evidence by 4.00pm on 2 June. ... I understand that social work professionals and lawyers, whether engaged by public authorities or in private practice, are under enormous great strain in the current circumstances and economic climate, particularly given changes to public funding, but that does not relieve them of the obligation to comply with orders made by the court. The failures by the London Borough of Bexley in this matter are stark. This hearing would not have been required if they had complied with their orders and, in my judgment, it was right that this matter was listed at the earliest opportunity to address those failings and to enable the other parties to make ..→2014-08-052014 cases, 39 Essex Street summary, Miscellaneous, Transcript
JP v SSWP (DLA) (2014) UKUT 275 (AAC), (2014) MHLO 81 — "This appeal raises the issue of whether the claimant, who was 12 years old at the date of the hearing, should have been allowed to give evidence to the tribunal or at least to attend the hearing. I have decided that the approach to children, whether as witnesses or as persons present in the hearing room, has to be updated in order to be consistent with the international obligations on the rights of children, the right to a fair hearing and the right to family life. This approach is reflected in decisions of the Court of Appeal and Supreme Court in family cases. Doing so, requires some modification to the guidance given by the Tribunal of Commissioners in R(DLA) 3/06 and some care in applying the Senior President’s Practice Direction." (Welfare benefits case.) 2014-08-032014 cases, Miscellaneous, No summary, Transcript
R (L) v West London MH NHS Trust (2014) EWCA Civ 47, (2014) MHLO 49 — (1) There was no challenge to the first instance judge's finding that the common law duty of procedural fairness applies to decisions to transfer from medium to high security. (2) However, the judge had gone beyond what fairness requires, by requiring an overly-adversarial procedure. (3) Relief should not have been given on the facts of L's case, including because he had been able to put across his side of a disputed incident and had ceased objecting to transfer. (4) The ability of the decision-making process to achieve fairness has an undesirable element of fortuity. The decision-making process should therefore be "amended so that, absent urgency, a clinical reason precluding such notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the 'gists' of the letter of reference to the high security hospital by the hospital that wishes to transfer the patient and the assessment by the clinician from the high security hospital are provided ..→2014-07-222014 cases, Brief summary, ICLR summary, Miscellaneous, Transcript
R (Public Law Project) v SSJ (2014) EWHC 2365 (Admin), (2014) MHLO 46 — The proposed legal aid 'residence test' was unlawful: (1) the statutory instrument containing it was ultra vires and unlawful, as LASPO did not permit such a criterion to be introduced by secondary legislation; (2) residence is not a lawful ground for discriminating between those who would otherwise be eligible for legal assistance by virtue of Schedule 1 LASPO. [Detailed WLR (D) summary available.] 2014-07-172014 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
R (McKay) v SSJ (2013) EWHC 3728 (Admin), (2013) MHLO 136 — Permission to apply for judicial review of the decision to refer the claimant prisoner to a prison Dangerous and Severe Personality Disorder (DSPD) unit for assessment was refused because it was 'a classic example of a situation in which two experts disagree' and it was not for the court to interfere and substitute its own view. 2013-12-302013 cases, Brief summary, Miscellaneous, Transcript
A Local Authority v C (2013) EWHC 4036 (Fam), (2013) MHLO 125 — C had long-standing mental health problems and her two children had previously been removed from her. (1) Under the inherent jurisdiction Parker J made an anticipatory declaration that it was lawful for C's third baby to be removed immediately upon delivery, in order to safeguards the child's interests, on the understanding that the local authority would apply for an emergency protection order or an interim care order at the first possible moment. (2) No evidence was heard from C, and a litigation friend was not appointed, in order to avoid C being informed, the judge (and local authority solicitor) thinking that that (a) Official Solicitor would become C's solicitor so the solicitor-client duty of disclosure would apply, and (b) the only exception to that duty is when the client consents. 2013-12-222013 cases, Brief summary, Miscellaneous, Transcript
Oluku v CQC (2012) UKFTT 275, (2012) MHLO 183 — A carer at Dormers Wells Lodge secretly recorded ill-treatment, which led to the conviction of two staff (Sonika Limbu, 25, of Hayes, and Pashi Sahota, 57, of Southall) under MCA 2005 s44. The manager appealed against the CQC's cancellation of her registration as a manager, but the tribunal found that she was not fit to be registered as a manager. In relation to one allegation (although technically there was no breach as at the relevant time she was not yet registered), the tribunal noted: "the necessary paperwork was not present in the form of a Deprivation of Liberty for a number of service users, and in that respect the appellant did not have suitable arrangements in place to protect service users against the risk of such control or restraint being unlawful or otherwise excessive as required under regulation 11(2) Health and Social Care Act 2008 (Regulated Activities) Regulations 2010/781, since proper assessment and recording was not being carried out." 2013-12-212012 cases, Brief summary, Miscellaneous, Transcript
R (Greenough) v SSJ (2013) EWHC 3112 (Admin), (2013) MHLO 124 — The decision not to authorise exceptional Legal Aid funding for representation at an inquest into the death of Paul Shovelton (who died in his own home on the day following his discharge from hospital) was lawful. 2013-12-212013 cases, Miscellaneous, No summary, Transcript
West London Mental Health NHS Trust v Chhabra (2013) UKSC 80, (2013) MHLO 118 — The facts can be found in the summary of the Court of Appeal's judgment. The Supreme Court allowed Dr Chhabra's appeal, granting an order restraining the Trust from (a) pursuing any of the confidentiality concerns contained in the Trust's letter of 12 August 2011 as matters of gross misconduct and (b) pursuing any confidentiality concerns without first re-starting and completing an investigation under its policy D4A. 2013-12-192013 cases, Brief summary, Miscellaneous, Transcript
Re P (A Child) (2013) EW Misc 20 (CC), (2013) MHLO 103 — Care proceedings judgment in 'Italian forced caesarian' case. [Summary required.] 2013-12-032013 cases, Miscellaneous, No summary, Transcript
R (Z) v Camden and Islington NHS Foundation Trust (2013) EWCA Civ 1425, (2013) MHLO 100 — Unsuccessful challenge to (1) detention under s2 (a subsequent tribunal decision to discharge was consistent with a lawful initial detention) and (2) decision not to hold hospital managers' hearing (it was reasonable to wait a few days for the tribunal). 2013-11-192013 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
R (Moosa) v LSC (2013) EWHC 2804 (Admin), (2013) MHLO 90 — In Court of Protection proceedings, the patient's mother was financially ineligible for Legal Aid (the equity in her home was about £65,000 over the £100,000 limit) so the patient's brother was added as a party purely because he would be financially eligible. The LSC refused him funding, for reasons including that the mother should fund the case. Permission to apply for judicial review of that decision was refused. 2013-09-172013 cases, Brief summary, Miscellaneous, Transcript
Neary v LB Hillingdon (2013) MHLO 87 (SEC) — Mark Neary's appeal against Hillingdon's decision to end Housing Benefit was unsuccessful: as he was estranged from his wife, who lived separately in a jointly-owned property, his share of the property counted towards the statutory limit for Housing Benefit purposes. 2013-09-082013 cases, Brief summary, Miscellaneous, Transcript
R (JG) v LSC (2013) EWHC 804 (Admin), (2013) MHLO 76 — Payment for expert evidence. [Summary required; detailed external review available.] 2013-08-122013 cases, Detailed summary, Miscellaneous, Missing from Bailii, Transcript
R (T) v LSC (2013) EWHC 960 (Admin), (2013) MHLO 41 — The LSC's decision in care proceedings to agree prior authority for a multi-disciplinary assessment at a lower amount than that sought was unlawful because of the lack of reasons given, and was quashed. 2013-05-052013 cases, Brief summary, Miscellaneous, 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 ..→2013-05-032013 cases, ICLR summary, Miscellaneous, Transcript
DD v Durham County Council (2013) EWCA Civ 96, (2013) MHLO 31 — DD wished to bring proceedings against local authorities arguing that (a) the two assessing AMHPs owed a duty to him (a 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); (b) that by making the application for admission, each was in breach of duty; and (c) that the county council was responsible vicariously for that breach of duty. (1) The Court of Appeal (reversing the High Court decision in this respect) decided that the argument was sufficient for leave under s139 to bring proceedings to be granted. (2) DD should not have been made responsible for the costs of Middlesbrough City Council. 2013-03-282013 cases, Brief summary, Miscellaneous, 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 ..→2013-03-282013 cases, Miscellaneous, No summary, Transcript
R (Copson) v Dorset Healthcare University NHS Foundation Trust (2013) EWHC 732 (Admin), (2013) MHLO 30 — "This is a claim by the claimant, Rosalind Copson, for an order quashing the decision of the defendant, Dorset Healthcare University NHS Foundation Trust, on 14 June 2012 to implement its Mental Health Urgent Care Services Project for the reconfiguration of mental health services in the west of Dorset. ... The claim is put on two grounds. First, it is said that the defendant failed, before reaching its decision, to carry out an adequate consultation with users of its mental health services, chiefly in that it failed to provide to those users sufficient information to enable them to engage meaningfully with the proposals. Second, it is said that the defendant failed to comply with its duty under section 149 of the Equality Act 2010 to have due regard, in the exercise of its functions, to the need to advance equality of opportunity. ... The claimant is a user of mental health facilities in Bridport, Dorset. The facilities that she uses include the in-patient facility at the Hughes Unit ..→2013-03-282013 cases, Miscellaneous, No summary, Transcript
R (Z) v Whittington Hospital (2013) EWHC 358 (Admin), (2013) MHLO 29 — "The claimant, Mrs Z, who very ably represented herself, was sectioned under the Mental Health Act shortly after giving birth to her first baby after a prolonged and very difficult labour. ... Miss Z says that looking at the reasons that were given at the time, which are recorded in a document signed by both doctors (Form A3, that is the formal sectioning document) the reasons that are there recorded are insufficient reasons to warrant her detention under the Mental Health Act." [Summary required.] 2013-03-282013 cases, Miscellaneous, Missing from Bailii, No summary, Transcript
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.] 2013-03-262013 cases, ICLR summary, Miscellaneous, Transcript
Durham County Council v Dunn (2012) EWCA Civ 1654, (2012) MHLO 169 — "On 17 December 2007, the claimant's solicitors wrote to the Council intimating a claim for damages in respect of assaults alleged to have been committed by staff at the Centre when he was there in the early 1980s. The letter included a request for the disclosure of certain documents. Some documents were disclosed in redacted form. On 25 March 2011, the claimant issued these proceedings. This appeal is concerned with the ambit of the Council's duty of disclosure. ... In particular, confusion can arise as to whether the duty of disclosure is primarily one that arises under the Data Protection Act 1998 (DPA) or one arising pursuant to the Civil Procedure Rules (CPR)." [Summary required; detailed external summary available.] 2013-03-262012 cases, Miscellaneous, No summary, Transcript
West London MH NHS Trust v Dr Chhabra (2013) EWCA Civ 11, (2013) MHLO 2 — (1) Various complaints had been made against Dr Chhabra, including in relation to breaches of patient confidentiality, and the case investigator's report stated that Dr Chhabra admitted to reading CPA notes and dictating reports on public transport. (2) Upon reading the case investigator's report the case manager decided to convene a disciplinary panel to consider the following allegations and to consider them as potential gross misconduct which could lead to dismissal: (a) that Dr Chhabra breached patient confidentiality whilst reading notes and discussing patients whilst on public transport (the complaint being made by another passenger who happened to be Head of Secure Services Policy at the Department of Health); (b) that she undertook dictation on at least two occasions whilst completing Mental Health Tribunal reports whilst on public transport (the complaint being made by a member of secretarial staff); (c) that whilst travelling to work on public transport she would often ..→2013-01-272013 cases, Brief summary, Miscellaneous, Transcript
Selwood v Durham CC (2012) EWCA Civ 979, (2012) MHLO 160 — "This is an appeal from a striking-out order of HH Judge Walton sitting in the Newcastle upon Tyne County Court on 25 February 2011. The claimant, the appellant in this court, had brought an action for personal injuries against Durham County Council, (her employer) and two NHS trusts with whom she collaborated in the course of her work. She alleged that all three defendants had been negligent and that, as a result, she had been exposed to danger, in the course of her employment, from a man to whom I shall refer as GB who was mentally disturbed and had threatened to harm her. In the event, GB attacked her with a long-bladed knife and caused very serious injuries. The two NHS trusts (the respondents in this court) applied to strike out the action contending, successfully, that they did not owe her any duty of care in respect of the action of a third party. The appellant appeals against that decision with the permission of Macduff J. The appeal therefore raises the question of whether it ..→2012-12-232012 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
RAR v GGC (2012) EWHC 2338 (QB), (2012) MHLO 154 — (1) In relation to limitation the court held as follows: 'I am satisfied that it would be fair and just to invoke the discretion afforded to the court by section 33 of the 1980 Act and permit this trial to proceed. I do so for the following reasons: (i) Having read the lengthy report of Dr Roychowdhury, it is clear that as a result of the abuse perpetrated upon her, the mental health of the claimant has been adversely affected. It has fluctuated over the years, at its worst, it has entailed compulsory hospitalisation. I find that the mental health of the claimant played a real part in the delay which has occurred in the bringing of the civil claim. I accept that the nature of the matters to be explored in this case are of themselves a deterrent for a person in the position of the claimant in bringing such a claim. (ii) In 1977/1978 the defendant had cause to consider allegations of sexual assault upon the claimant by reason of the criminal proceedings. That he did so, and that his ..→2012-12-212012 cases, Brief summary, Miscellaneous, Transcript
Southend-on-Sea BC v Armour (2012) EWHC 3361 (QB), (2012) MHLO 152 — The recorder's decision to refuse to grant a possession order (on the basis that by the time of the delayed hearing possession was no longer appropriate because there had been full compliance with the terms of the tenancy for the 12 months prior to the hearing) was upheld on appeal. 2012-12-202012 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
Southend-on-Sea BC v AR (2012) EW Misc 25 (CC), (2012) MHLO 151 — The claimant local authority sought possession of an introductory tenancy on the basis of the defendant's antisocial behaviour. (1) The procedure was followed properly so there was no defence to the claim under the Housing Act 1996. (2) The original decision to seek possession was a necessary and proportionate interference with the defendant's Article 8 rights: in particular, the diagnosis of Aspergers and depression (which led to lack of litigation capacity and appointment of a litigation friend) did not explain the defendant's conduct and was properly considered by the claimant. (3) However, there had been full compliance with the terms of the tenancy for the 12 months prior to the delayed final hearing, so possession was no longer proportionate. (4) No order for costs (despite the claimant seeking costs). 2012-12-202012 cases, Brief summary, Miscellaneous, Transcript
R (Tracey) v Cambridge University Hospital NHS Foundation (2012) EWHC 3670 (Admin), (2012) MHLO 146 — "This is a claim for judicial review and a claim pursuant to section 7 Human Rights Act 1998 in respect of: (i) the failure by the first defendant to treat the claimant's late wife, Janet Tracey lawfully; (ii) the failure by the first defendant to treat Janet Tracey in a manner that respected her rights under Articles 2, 3 and 8 ECHR, and in a manner that respected the claimant's rights under Article 8 ECHR; and (iii) the failure by the first defendant to have in place and to operate lawfully an appropriate policy on the use of Do Not Attempt Cardio-Pulmonary Resuscitation orders; (iv) the failure by the second defendant effectively to promulgate any clear policy or guidance on the use of DNACPRs, which is accessible to patients and their families, and which properly informs them of their rights and legitimate expectations in respect of the use of DNACPRs by hospitals such as that operated by the first defendant." [Summary required.] 2012-12-202012 cases, Miscellaneous, No summary, Transcript
Dordevic v Croatia 41526/10 (2012) ECHR 1640, (2012) MHLO 136 — Harassment led to breaches of Article 3 and 8. [Detailed summary available via external link.] 2012-12-192012 cases, ECHR, Miscellaneous, No summary, Transcript
RM v Scottish Ministers (2012) UKSC 58, (2012) MHLO 133 — "This appeal raises a question as to the effect of a commencement provision in a statute which provides that provisions "shall come into force" on a specified date, and a consequential question as to the effect of a provision conferring upon Ministers the power to make regulations, where the provisions which are subject to the commencement provision cannot come into effective operation unless such regulations have been made. ... These questions arise in relation to the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act"). The relevant substantive provisions are contained in Chapter 3 of Part 17, comprising sections 264 to 273. That Chapter is concerned with the detention of patients in conditions of excessive security." [Detailed summary available.] 2012-12-192012 cases, Detailed summary, ICLR summary, Miscellaneous, Scottish cases, Transcript
RM v Scottish Ministers (2011) CSIH 19 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. [Summary required.] 2012-12-192011 cases, Miscellaneous, No summary, Scottish cases, Transcript
Buck v Norfolk and Waveney MH NHS Foundation Trust (2012) MHLO 123 (CC) — The defendant Trust granted unescorted leave to a detained patient who then ran in front of a bus. The claimant bus driver suffered PTSD and sued the Trust. The court held that a custody authority responsible for the negligent release of a patient did not owe a duty to a victim unless that victim had been identifiable: the Trust therefore owed no duty of care to the driver. 2012-12-172012 cases, Brief summary, Miscellaneous, Transcript
R (A) v B (2010) EWHC 2361 (Admin) — "The police are under an absolute and unconditional obligation to take all steps which appear to them to be necessary for keeping the peace, for preventing crime or for protecting property from criminal injury. ... Article 8 ... provides that: '1. Everyone has the right to respect for his private and family life, his home and his correspondence. ...' This case concerns the interaction of those two principles in a situation where the police believe that a citizen, though committing no crime and though free of any criminal record or allegation of crime against him, has engaged in a private sexual life which indicates he may become a danger to women and propose to make public the details of this by selective disclosure." [Summary required.] 2012-12-162010 cases, Miscellaneous, No summary, Transcript
R (L) v West London MH NHS Trust (2012) EWHC 3200 (Admin), (2012) MHLO 114 — The claimant began proceedings to challenge the decision to transfer him from a medium secure unit to Broadmoor high secure hospital. (1) The claimant no longer wished to challenge the transfer decision, but the claims were of general importance and merited review, and were not merely academic, so the judge proceeded to hear the case and set out his reasons at extraordinary length. (2) The potential adverse consequences of a transfer to high security are: (a) the potential for delaying the ultimate date of discharge from detention; and (b) the potential for more restrictive detention conditions. (3) The nature of the decision making process as to whether a patient should be transferred from medium to high security is such as to engage a common law duty of fairness. (4) Subject to the need to protect persons from the risk of harm or some other substantial reason, that duty of fairness requires: (a) the patient and his advisers to be informed of any intention to refer him to high ..→2012-11-152012 cases, Brief summary, Miscellaneous, Transcript
R (Hossacks) v Legal Services Commission (2012) EWCA Civ 1203, (2012) MHLO 106 — This appeal followed an unsuccessful judicial review of the LSC's rejection of the appellant's tender in relation to community care law in 2010. (1) The issues were set out by the court as follows: (a) Were any of the Appellant's applications acceptable without clarification or amendment? (b) Leaving aside the evidence of the Commission's communications with other applicants, should the Commission have sought clarification or suggested amendment of any of the applications, and if so should the Commission have accepted the resulting application(s)? (c) Do the Commission's communications with other applicants show that by rejecting the Appellant's applications, it acted in breach of its duty to treat all applicants equally? (2) The appeal had no real prospects of success and therefore permission was refused. (3) The LSC were awarded its costs: (a) the appellant's impecuniosity and the fact that her activity both as a solicitor and as a proposed foster parent may be or indeed are in ..→2012-10-272012 cases, Brief summary, Miscellaneous, Transcript
Re T (Children) (2012) UKSC 36, (2012) MHLO 100 — A local authority should not be liable for the costs of interveners against whom allegations have been reasonably made that are held unfounded; the general practice of not awarding costs against a party, including a local authority, in the absence of reprehensible behaviour or an unreasonable stance, is one that accords with the ends of justice and which should not be subject to an exception in the case of split hearings. (This case related to care proceedings.) 2012-09-302012 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
Parascineti v Romania 32060/05 (2012) MHLO 59 (ECHR) — The conditions in an overcrowded psychiatric ward with very poor standards of hygiene led to inhuman and degrading treatment in violation of Article 3. 2012-06-232012 cases, Brief summary, ECHR, Miscellaneous, Transcript
DD v Durham County Council (2012) EWHC 1053 (QB), (2012) MHLO 51 — The claimant was gate sectioned at Durham prison and detained under s2, then s3, in a Middlesborough hospital. He had complaints of false imprisonment and breaches of Article 3 and 8 relating to matters such as his being kept in seclusion, the lighting in his room, the number of people supervising his activities and a general lack of privacy. (1) He needed leave under s139 to bring civil proceedings against Durham County Council and Middlesborough City Council. This was refused: there was no realistic prospect of establishing illegality against the AMHPs who made the recommendations for s2 and s3 as AMHPs are (a) not required to choose or investigate the quality of the place of detention, (b) not required to research medical views earlier than those in the statutory recommendations, (c) not responsible for the medical or other regimes to which a detained person is subjected. (2) The AMHP who applied for s3 detention was employed by Middlesborough, so ..→2012-05-052012 cases, Brief summary, Miscellaneous, Transcript
MS v UK 24527/08 (2012) ECHR 804, (2012) MHLO 46 — MS was taken to a police station under s136 having assaulted his aunt, but the FME assessed him as not fit for interview. The local psychiatric intensive care unit refused to admit him on the basis that he required a medium secure unit but, for various reasons, there was a delay in transferring him there. (1) The delay led to detention beyond the 72-hour limit of s136, but he did not make any claim under Article 5. (2) His claim was instead in negligence and breach of Article 3 and, as the case was summarily dismissed in the domestic proceedings, the Article 3 aspect of the case proceeded to the ECtHR. The ECtHR made no criticism of the initial detention under s136 in a police station, the attitude of the authorities or the material conditions (food and liquid) of detention. It did, however, conclude that - because MS was in a state of great vulnerability throughout his detention, as manifested by the abject condition to which he quickly descended inside his cell, and ..→2012-05-052012 cases, Brief summary, ECHR, Miscellaneous, Transcript
R (Sutton) v Calderdale Council (2012) EWHC 637 (Admin), (2012) MHLO 39 — Costs judgment in mental health/community care judicial review: no order for costs. 2012-04-282012 cases, Brief summary, Miscellaneous, Transcript
Reynolds v UK 2694/08 (2012) ECHR 437, (2012) MHLO 30 — (1) A voluntary in-patient killed himself by breaking and jumping out of a sixth-floor window: the court held that there was an arguable claim that an operational duty under Article 2 arose to take reasonable steps to protect him from a real and immediate risk of suicide and that that duty was not fulfilled. (2) There were no domestic civil proceedings available to his mother to establish any liability and compensation due as regards the non-pecuniary damage suffered by her on her son’s death, and therefore there was a violation of Article 13 in conjunction with Article 2. In particular: (a) neither the inquest nor the internal inquiry were an effective remedy; (b) the HRA claim under Article 2 was struck out by the county court because of domestic case law at that time which required gross negligence; (c) the mother had no prospect of obtaining adequate compensation for non-pecuniary damage under the Fatal Accidents Act 1976 (she was not a dependent) or the Law Reform ..→2012-03-242012 cases, Brief summary, Inquests, Miscellaneous, Transcript
Wirral MBC v Salisbury Independent Living Ltd (2012) EWCA Civ 84, (2012) MHLO 27 — In Housing Benefit cases, a landlord cannot exercise an independent right of appeal to the First Tier Tribunal against a decision of the Local Authority other than in the cases for which specific provision is made by the subordinate legislation. 2012-03-242012 cases, Brief summary, Miscellaneous, Transcript
R (Broadway Care Centre Ltd) v Caerphilly County Borough Council (2012) EWHC 37 (Admin), (2012) MHLO 26 — The Claimant unsuccessfully sought permission to challenge the decision of the Defendant local authority to terminate its contract to provide care for elderly dementia sufferers. 2012-03-242012 cases, Brief summary, Miscellaneous, Transcript
R (W) v Dr Larkin (2012) EWHC 556 (Admin), (2012) MHLO 23 — A warrant for the claimant's transfer to prison was issued on the RC's advice in the context of Broadmoor's DSPD unit being about to close on 29/3/12. (1) It is not unlawful for an RC to tick both the 'no longer requires treatment in hospital for mental disorder' and the 'no effective treatment for his disorder can be given in the hospital to which he has been removed' boxes on the s50 proforma. (2) There was no evidence that the views expressed on the form were not those of the RC or that he had subordinated his clinical judgment to expediency or national strategies. (3) No relief would have been granted even had there been unlawfulness: the claimant had to leave Broadmoor, no MSU would then take him, so he had to return to prison in any event. 2012-03-202012 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
Crawford v Suffolk MH Partnership NHS Trust (2012) EWCA Civ 138, (2012) MHLO 14 — The employees had been dismissed for gross misconduct for restraining a patient on a chair which was tied to a table; they disputed the allegation that they tied the patient to the chair with a sheet. (1) The Employment Tribunal had been entitled to conclude that there had been two procedural errors (in failing to obtain the witness's first statement, and in carrying out a practical experiment on the chair without notification to the appellants) and that they were errors that a reasonable employer would not have made; although the ET went too far in saying no reasonable employer could have preferred the witness's evidence over the employees', this did not invalidate the finding of unfair dismissal. (2) The case was remitted to the ET to consider the Polkey point (reduction in compensation based on chance of dismissal following fair procedure) but the 25% reduction for contributory fault (failure to report the incident) was upheld. (3) (Obiter) The court expressed scepticism about ..→2012-03-052012 cases, Brief summary, Miscellaneous, Transcript
Coombs v Dorset NHS PCT (2012) EWHC 521 (QB), (2012) MHLO 13 — Whether the claimant, who had sustained a serious head injury while a detained patient, should be permitted to fund his future care. (1) The defendant argued that (a) a detained patient could not choose to pay for his treatment, particularly because the RC chose where and how he was treated; (b) allowing payment would create a contract, contrary to the purpose of the MHA to take care and treatment out of patients’ hands; (c) there was no significant difference compared with prisoners, whose expenses are met by the government under s51 Prison Act 1952; (d) while the statute did not prohibit payment, it would be contrary to public policy to allow a patient to use his own funds. (2) The claimant argued that (a) there was no reason why a detained patient should not be able to pay if he wishes; (b) while the patient could not choose where or how he was treated, he should be able to top-up payments if he preferred a placement for which the funding authority were unwilling to pay; (c) ..→2012-03-052012 cases, Brief summary, Miscellaneous, No transcript
PFZ v West London MH NHS Trust (2011) Settlement 28/11/11 — PFZ, an informal patient with a long history of mental illness, was allowed to run away from hospital in a suicidal state, then jumped from a balcony sustaining and permanent and catastrophic spinal cord injury which left him tetraplegic and wheelchair-bound. He sued the Trust for negligent failure to provide him with adequate treatment. The Trust agreed to compensate him on the basis of 40% liability, and made an advance payment of £75,000; the full amount was yet to be assessed but to meet PFZ's care needs for the remainder of his life was estimated to require millions of pounds. 2011-12-102011 cases, Brief summary, Miscellaneous, No transcript
Hossack v Legal Services Commission (2011) EWHC 2700 (Admin) — Unsuccessful judicial review of a decision of the LSC rejecting the claimant's tender for the provision of legal services in the field of community care following a competitive tendering exercise in 2010. 2011-11-262011 cases, Brief summary, Miscellaneous, Transcript
R (O) v LB Hammersmith and Fulham (2011) EWCA Civ 925 — Dispute over accommodation for child in need. 2011-09-292011 cases, Detailed summary, Miscellaneous, Transcript
Selwood v Durham CC (2011) Newcastle-upon-Tyne county court 25/2/11 — The claimant social worker was not informed of a patient's threats to kill her and was subsequently stabbed by him; she sued the local authority and relevant NHS Trusts in negligence or breach of statutory duty and alternatively alleged a breach of Article 2. The Trusts' application for strike out was successful. [Caution.] 2011-08-222011 cases, Brief summary, Miscellaneous, Transcript
M v F (2011) EWCA Civ 273 — Unsuccessful appeal by the mother against a judgment refusing her a wide ranging series of declarations, the object of which was to deny the father (who suffered from mental illness) all knowledge of the birth and subsequent development of his legitimate child. 2011-08-222011 cases, Brief summary, Miscellaneous, Transcript
Ross v SSWP (2011) UKFTT 8/8/11 (SEC) — Unsuccessful application by BBC journalist to record and broadcast proceedings of First-tier Tribunal (Social Entitlement Chamber). 2011-08-162011 cases, Brief summary, Miscellaneous, Transcript
McKie v Swindon College (2011) EWHC 469 (QB) — An email sent by Swindon College, a past employer, to the claimant's then current employer, raising safeguarding issues, caused him to lose his job, for which Swindon were liable in negligence. (Full legal summary required.) (A forthright judgment: '[18] ... Even if there were any substance in that complaint at all, which as I say seems to me to be bordering on the ludicrous... [26] ... We are into the realms of hearsay upon hearsay. ... [27] ... I think when we actually look at the circumstances, we can see that the procedure adopted at Swindon College giving rise to the sending of the email, can be described as slapdash, sloppy, failing to comply with any sort of minimum standards of fairness, certainly any such standards as would be recognised by any judicial body taking decisions and disseminating information about another individual, because Mr Rowe agreed he had no personal knowledge of things at all. ... [29] So not only do I take the view that the contents of the email are ..→2011-08-042011 cases, Brief summary, Miscellaneous, Transcript
Hossack v Legal Services Commission (2011) EWCA Civ 788 — Judicial review of rejection of tenders for community care law. [Summary required.] 2011-07-202011 cases, Miscellaneous, No summary, Transcript
Hackett v CPS (2011) EWHC 1170 (Admin) — Undue influence. [Summary required.] 2011-06-222011 cases, Miscellaneous, No summary, Transcript
C v D (2011) EWCA Civ 646 — (1) A settlement offer which is time-limited is not capable of being a Part 36 offer; (2) in the context of the intention to comply with Part 36, the statement that the offer be 'open for 21 days' did not mean that it was a time-limited offer (rather, it was indicating that it could be withdrawn after 21 days); (3) on the facts, the Part 36 offer had not expired and was capable of acceptance. 2011-05-282011 cases, Brief summary, ICLR summary, Miscellaneous, Transcript
Clift v Slough BC (2010) EWCA Civ 1484 — An email from a local authority stating that Clift was on its violent persons register was published too widely: (1) the disproportionate publication was an unjustified breach of Article 8; (2) the Article 8 breach prevented the local authority from using the qualified privilege defence to defamation. 2011-04-302010 cases, Brief summary, Miscellaneous, Transcript
All About Rights Law Practice v LSC (2011) EWHC 964 (Admin) — The applicant law firm failed properly to complete the online documentation for the 2010 mental health tendering exercise and unsuccessfully challenged the LSC's decision not to award it a contract. 2011-04-302011 cases, Brief summary, Miscellaneous, Transcript
Jones v Kaney (2011) UKSC 13 — (1) The immunity from suit for breach of duty that expert witnesses have enjoyed in relation to their participation in legal proceedings is abolished. (2) This does not affect the absolute privilege that all witnesses enjoy in respect of claims in defamation. 2011-03-302011 cases, Brief summary, Miscellaneous, Transcript
R (PA) v Governor of Lewes Prison (2011) EWHC 704 (Admin) — The claimant's social phobia did not make him 'infirm by nature of disability' (within the meaning of PSI 31/2006) for the purpose of deciding whether or not to release on Home Detention Curfew. 2011-03-252011 cases, Brief summary, Miscellaneous, Transcript
R (AC) v Berkshire West PCT (2011) EWCA Civ 247 — The claimant, who suffered from gender identity disorder, unsuccessfully challenged the decisions to refuse funding for breast augmentation surgery and the underlying policies. 2011-03-182011 cases, Brief summary, Miscellaneous, Transcript
NMC Conduct and Competence Committee decision: Josiah Foeka Amara 18/2/11 — Nurse was struck off for misconduct. The following charges were proved: 'That you, on or around 19 December 2005, whilst working as a Staff Nurse on Vincent Ward at the Gordon Hospital, Bloomberg Street, London SW1V 2RH: (1) Purchased crack cocaine in the company of Patient A, a patient on the ward; (2) Took crack cocaine with Patient A; (3) Had sexual intercourse with an unknown female when Patient A was also present in your flat; AND in light of the above, your fitness to practise is impaired by reason of your misconduct.' 2011-02-242011 cases, Brief summary, Miscellaneous, Transcript
TW v A City Council (2011) EWCA Civ 17 — The Court of Appeal issued a reminder of the following: (a) that the bundle of authorities should be agreed; (b) that it should be filed at least seven days before the hearing; (c) that it should not contain more than ten authorities unless the scale of the appeal warrants more extensive citation; (d) that the relevant authorities should be copied from the official law reports, and only if not should reports from the All England Law Reports (All ER) or a specialist law report series be included. In addition, if a case is reported in volume 1 of the Weekly Law Reports that report should be used in preference to the report in the All ER. BAILII judgments (with neutral citation numbers) should only be used if no other recognised reports were available and the case really needs to be cited; and (e) that the passages in the authorities which were relevant and on which counsel sought to rely must be marked. 2011-01-242011 cases, Brief summary, ICLR summary, Miscellaneous, No transcript
Francis v GSCC (2010) UKFTT 434 (HESC) — The GSCC had refused to register Francis as a social worker under s58 Care Standards Act 2000 because (a) he had from 2005 to 2006 failed to register as a social worker but continued to act as such, (b) during the same period he had continued to act as an AMHP; (c) he had failed to inform his employer of his personal difficulties, (d) there was no adequate endorsement of his application. His appeal under s68 was dismissed. 2011-01-222010 cases, Brief summary, Miscellaneous, Transcript
GSCC conduct committee decision: Philip Julian Davies 10/12/10 — Social worker suspended for misconduct for 12 months. Two of the proven allegations were: '(4) Without authority, on or around 18th July 2008, you requested service user Mrs Z to sign financial papers after she had been diagnosed by a consultant psychiatrist as having a lack of mental capacity. (5) Between 20th May 2008 and 30th October 2009, you failed to ensure that an application for a Court of Protection order in respect of a service user Mr Z, was made expeditiously, or at all.' 2011-01-222010 cases, Brief summary, Miscellaneous, Transcript
Salisu v SSH (2011) UKFTT 1 (HESC) — The Applicant was guilty of misconduct within the meaning of Section 86(7)(a) Care Standards Act 2000 (convicted of ill-treatment under s127 MHA 1983) but was not unsuitable to work with vulnerable adults and children under s86(7)(b). 2011-01-222011 cases, Brief summary, Miscellaneous, Transcript
TTM v LB Hackney (2011) EWCA Civ 4 — (1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the MHA, it can be held liable in damages for false imprisonment when its unlawful act directly causes the detention; (2) although the hospital may act lawfully in detaining such a patient under s6(3) (if the application appeared to be duly made) that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) an application for detention that is made contrary to s11(4) (in the face of the Nearest Relative's objection) is in breach of Article 5(1); (4) Article 5(5) entitles a person detained in breach of Article 5(1) to compensation, and s139(1) (no liability unless bad faith or lack of reasonable care) can be read down so as to allow such a claim to proceed; (5) the word 'practicable' in s12(2) (requiring a recommendation from a doctor with previous acquaintance of the patient if practicable) should be ..→2011-01-142011 cases, Consulting NR, Detailed summary, ICLR summary, Miscellaneous, Transcript, Unlawful detention cases
Public Interest Lawyers v LSC (2010) EWHC 3277 (Admin) — (1) The verification process following the LSC's public law and mental health tendering process fell short of what was required by the Public Contract Regulations 2006. No objection was taken, nor could it be, to self-certification. But the self-certification supervisor forms did not require supervisors to confirm specifically the nature of the employment arrangements between them and the organisation or whether they had complied with the supervision standards set out in the contract, in particular the supervision experience or training course requirement (clause 2.28) and the 1:6 supervisor ratio requirement (clause 2.35). There may therefore be a number of firms with contracts who did not meet the supervision criteria, for example who have an external non-employed supervisor, or a part-time supervisor who is not employed for sufficient hours. The LSC must ensure, within a limited period, that all firms currently comply with the supervision standards; those who do not must have ..→2010-12-162010 cases, Detailed summary, Miscellaneous, Transcript
Seal v UK 50330/07 (2010) ECHR 1976 — The claimant issued his claim on the eve of the limitation period without seeking leave under s139; the House of Lords had found that his claim was therefore a nullity. (1) No breach of Article 6 was found because (a) the six-year limitation period pursued a legitimate aim, (b) s139 was to restrict access to the court only where the claim was manifestly unmeritorious, and its general aim of protecting those who exercise powers under that Act, including the police, pursued a legitimate aim, (c) the decision to strike out did not impair the very essence of the applicant's right of access to court and was not disproportionate: he had not explained his delay or failure to seek leave, and should bear the consequences of his own decisions, and in any event could continue his non-MHA claims (2) No breach of Article 6 taken with Article 14 was found because he did not argue it in any substance and, by not having argued it previously, had failed to exhaust domestic remedies. 2010-12-092010 cases, Brief summary, ECHR, Miscellaneous, Transcript
C v D (2010) EWHC 2940 (Ch) — (1) A settlement offer which is time-limited (in this case it was open for acceptance for 21 days) is not capable of being a Part 36 offer; (2) on the facts, the offer had expired after 21 days and was not capable of acceptance. [Caution: partly overturned on appeal.] 2010-11-182010 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
R (Royal College of Nursing) v SSHD (2010) EWHC 2761 (Admin) — Previous scheme established under the Safeguarding Vulnerable Groups Act 2006 which automatically prohibited those placed on lists established under the scheme from working with children and/or vulnerable adults was unlawful: the absence of a right to make representations breached their right to a fair trial. 2010-11-112010 cases, Detailed summary, Miscellaneous, Transcript
Hirst v UK (No 2) 74025/01 (2005) ECHR 681 — The blanket restriction on voting, which applies to all convicted prisoners in prison irrespective of the length of their sentence, the nature or gravity of their offence, or their individual circumstances, is unlawful. 2010-11-032005 cases, Brief summary, Miscellaneous, Transcript
Law Society v Legal Services Commission (2010) EWHC 2550 (Admin) — Family law tendering process declared unlawful because of the LSC's approach to accreditation. [Summary required.] 2010-10-182010 cases, Miscellaneous, No summary, Transcript
Breslin v McKenna (Omagh Bombing case) (2009) NIQB 50 — Omagh bombing civil judgment, including consideration of damages for psychiatric injury. [Summary required.] 2010-09-272009 cases, Miscellaneous, No summary, Transcript
Eagle v Chambers (2004) EWCA Civ 1033 — [Summary required.] 2010-09-272004 cases, Miscellaneous, No summary, Transcript
Hossack v Legal Services Commission (2010) EWHC 1457 (Admin) — (1) The function being discharged by the LSC in attempting to obtain files for peer review in accordance with contractual obligations did not have any public law dimension, so the decisions were not amenable to judicial review. (2) In any event: there were alternative contractual remedies; there was no realistic prospect of showing that the LSC acted unlawfully; there was no longer any live issue between the parties as the files had been delivered up. (3) Consideration would be given to the making of a civil restraint order. 2010-07-082010 cases, Brief summary, Miscellaneous, Transcript
TTM v LB Hackney (2010) EWHC 1349 (Admin) — (1) There was a division of opinion in the treating team so it was considered ‘impracticable’ to obtain two medical recommendations from doctors with previous acquaintance of the patient: this was lawful as a reasonable and proper exercise of judgment of what was in the patient’s best interests. (2) The hospital were entitled to rely on the s6(3) protection (that any application which appears to be duly made etc may be acted upon without further proof) because the managers were entitled to rely on the AMHP’s confirmation that there had been no objection from the NR and because there had been no breach of s12(2). (3) As an AMHP is treated as acting on behalf of the LSSA the relevant council is vicariously liable for any lack of care or bad faith on the part of an AMHP: the council was therefore the correct defendant. (4) The proposed claim was based on the AMHP’s mistaken belief that the NR had not objected. A duty of care existed but there was no reasonable prospect of ..→2010-06-122010 cases, Consulting NR, Detailed summary, Miscellaneous, Transcript
R (AC) v Berkshire West PCT (2010) EWHC 1162 (Admin) — The claimant, who suffered from gender identity disorder, unsuccessfully challenged the decisions to refuse funding for breast augmentation surgery and the underlying policies. 2010-05-262010 cases, Brief summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2010) EWHC 865 (QB) — (1) The Trust had breached Article 2 as (a) they had the requisite knowledge, actual or constructive, of a real and immediate risk to the patient's life from self harm, and (b) failed to do all that could reasonably have been expected of it to avoid or prevent that risk. (2) The patient's daugher was eligible to bring the claim as a victim under s7 HRA 1998. (3) Compensation of £10,000 was awarded. 2010-05-012010 cases, Brief summary, Miscellaneous, Transcript
Link Lending Ltd v Bustard sub nom Link Lending Ltd v Hussein (2010) EWCA Civ 424 — (1) The defendant to these possession proceedings was "a person in actual occupation" for the purpose of entitlement to an overriding interest within the meaning of the Land Registration Act 2002 despite her involuntary residence in hospital under s3 MHA, as there was a sufficient degree of continuity and permanence of occupation and a persistent intention to return home when possible. (2) There is no single test but relevant factors from case law are: the degree of permanence and continuity of presence of the person concerned, the intentions and wishes of that person, the length of absence from the property and the reason for it, and the nature of the property and personal circumstances of the person. 2010-05-012010 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
Mezey v South West London and St George's Mental Health NHS Trust (2010) EWCA Civ 293 — Dr Mezey had admitted a conditionally-discharged patient informally to a secure ward without informing the Home Office, and granted him unescorted leave that day without personally assessing him; the patient went AWOL and killed a stranger. The Trust's formal investigation, although it found her conduct inappropriate and not in accordance with the standards of good practice, did not call into account her capability to practise. The Trust were therefore not entitled to convene a capability panel under the Maintaining High Professional Standards in the modern NHS (MHPS) framework. 2010-03-302010 cases, Brief summary, Miscellaneous, Transcript
Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church (2010) EWCA Civ 256 — The claimant brought proceedings, by the Official Solicitor as his litigation friend, against the Archdiocese for damages for sexual abuse in 1975/6 by Father Clonan: (1) the priest's sexual abuse of the claimant was so closely connected with his employment that it would be fair and just to hold the Archdiocese vicariously liable; (2) obiter, the Archdiocese owed a duty of care to the claimant and was negligent. 2010-03-262010 cases, Brief summary, Miscellaneous, Transcript
Bath and North East Somerset Council v AJC (1999) MHLR 184 — As a Tribunal order for discharge had not been challenged, it had to be given effect, despite the local authority’s view that it was invalid: the purported renewal was therefore of no effect. [MHLR.] 2010-02-261999 cases, Brief summary, MHLR summary, Miscellaneous, No transcript
JF v LB Hackney, Re TF (A Child: Guardianship) (1999) MHLR 175 — A desire to return to an inadequate home is not “seriously irresponsible” and so cannot found a conclusion that there is mental impairment. [MHLR.] 2010-02-261999 cases, Brief summary, MHLR summary, Miscellaneous, No transcript
FW v Dept of Psychiatry James Connolly Memorial Hospital (2008) IEHC 283 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] 2009-12-092008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript
Z v Khattak (2008) IEHC 262 — Challenge to lawfulness of detention under Southern Irish law. [Summary required.] 2009-12-092008 cases, Miscellaneous, No summary, Southern Irish cases, Transcript
AB v Nugent Care Society (2009) EWCA Civ 827 — In these appeals, arising from allegations of historic sexual abuse at children's homes, guidance was given on the correct approach to the application of s33 Limitation Act 1980 in the light of A v Hoare [2008] UKHL 6. 2009-12-072009 cases, Brief summary, Miscellaneous, Transcript
Seal v UK 50330/07 (2009) ECHR 806 — Statement of facts and question lodged with court. Case concerns the procedure under s139 MHA 1983. 2009-12-042009 cases, Brief summary, ECHR, Miscellaneous, Transcript
MS v UK 24527/08 (2009) ECHR 1762 — Statement of facts and question lodged with the court. The case relates to detention under s136 beyond the permitted 72-hour period and a subsequent civil claim against the Trust for negligence, for breaches of Articles 3 and 8 of the Convention, and for misfeasance in public office. 2009-12-042009 cases, Brief summary, Miscellaneous, Transcript
West v General Social Care Council (2009) UKFTT 330 (HESC) — The applicant mental health social worker successfully appealed against a decision made by the respondent's Preliminary Proceedings Committee to impose an six-month Interim Suspension Order. 2009-12-042009 cases, Brief summary, Miscellaneous, Transcript
Johnston v Chief Constable of Merseyside Police (2009) EWHC 2969 (QB) — (1) A court faced with an application for permission under s139(2) must (a) balance the applicant's interest to be allowed to seek the adjudication of the courts upon any claim which is not frivolous, vexatious or an abuse of process, and the equally legitimate interest of the respondent not to be subjected to the risk of being harassed by baseless claims, and (b) consider whether the proposed claim has a real prospect of success. (2) On the facts, permission was granted. (3) Under the relevant test under the Limitation Act 1980 (which was explained) the 3-year limitation period on the assault claim was dis-applied. 2009-11-202009 cases, Brief summary, Miscellaneous, Transcript
RM v Scottish Ministers (2008) CSOH 123 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. [Summary required.] 2009-11-012008 cases, Miscellaneous, No summary, Scottish cases, Transcript
R (S) v Airedale NHS Trust (2002) EWHC 1780 (Admin) — Seclusion. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2002) EWHC 1521 (Admin) — Departure from Code of Practice. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
R (DR) v Mersey Care NHS Trust (2002) EWHC 1810 (Admin) — Renewal of section while on long-term s17 leave. [Summary required.] 2009-10-312002 cases, Miscellaneous, No summary, Transcript
Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619 — [Summary required.] 2009-10-302001 cases, Miscellaneous, No summary, Transcript
Cook v Bradford Community Health NHS Trust (2002) EWCA Civ 1616 — Negligence case. [Summary required.] 2009-10-302002 cases, Miscellaneous, No summary, Transcript
R (RH) v Ashworth Hospital Authority (2001) EWHC 872 (Admin) — Unsuccessful challenge to Ashworth policy not to issue condoms. 2009-10-302001 cases, Brief summary, Miscellaneous, Transcript
R (P) v Surrey Oakland NHS Trust (2001) EWHC Admin 461 — Judicial review was an inappropriate means of challenging the closure of the psychiatric hospital. 2009-10-302001 cases, Brief summary, Miscellaneous, Transcript
R (C) v SSJ (2009) EWHC x (Admin) — The decision to make C subject to polygraph testing as a condition of his licence did not breach the his Article 8 rights given the seriousness of his offences and his attitude to them; that the scheme was a pilot in his geographical area did not amount to discrimination under Article 14. 2009-10-242009 cases, Brief summary, Miscellaneous, No transcript
R (E) v Governing Body of JFS (No 2) (2009) UKSC 1 — If the LSC decide fund a successful litigant, that decision must ordinarily be seen to carry with it something close to an assurance that the Commission will continue to support him in any subsequent appeal by the unsuccessful party; the LSC's decision not to continue funding without a protective costs order against the appellent was unlawful and public funding was therefore to continue. 2009-10-242009 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
Dzikowski v GMC (2009) EWHC 1090 (Admin) — The GMC's decision that it was necessary for the protection of patients and in the public interest for the appellant consultant psychiatrist's name to be erased from the Medical Register was lawful. 2009-10-082009 cases, Brief summary, Miscellaneous, Transcript
R (Axon) v SSH (2006) EWHC 37 (Admin) — The 2004 guidance "Best Practice Guidance for Doctors and other Health Professionals on the provision of Advice and Treatment to Young People under 16 on Contraception, Sexual and Reproductive Health" was not unlawful. A medical professional can provide such advice and treatment if: (1) the young person understands all aspects of the advice; (2) the young person cannot be persuaded to have his parents informed; (3) (re contraception/STIs) the young person is very likely to have sexual intercourse; (4) without advice/treatment his physical/mental health is likely to suffer; (5) it is in the young person's best interests. 2009-08-012006 cases, Brief summary, Miscellaneous, Transcript
R (N) v SSH; R (E) v Nottinghamshire Healthcare NHS Trust (2009) EWCA Civ 795 — The right or freedom to smoke does not engage Article 8(1); Article 14 could not therefore be relied upon either. In any event, the SSH's smoke-free regulations and the Trust's smoke-free policy would be justified under Article 8(2), and the different treatment under the regulations for mental health units compared with prisons, care homes and hospices would be justified under Article 14. 2009-07-262009 cases, Brief summary, ICLR summary, Miscellaneous, Smoking, Transcript
Gray v Thames Trains Ltd (2009) UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter. 2009-06-212009 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
R (Compton) v GMC (2008) EWHC 2868 (Admin) — The GMC fitness to practise panel in suspending Dr Compton for a year had exercised a fair procedure (in light of the doctor's decision not to attend) and were justified in their conclusion (that he had been dishonest in not disclosing previous unsuccessful applications for s12 approval). 2009-06-152008 cases, Brief summary, Miscellaneous, Missing from Bailii, Transcript
Dalton v Latnam (2003) EWHC 796 (Ch) — The justice of the case did not require the forfeiture rule to be modified. [Summary required.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
Dunn v South Tyneside Health Care NHS Trust (2003) EWCA Civ 878 — Clinical negligence - hourly observations were reasonable. [Summary required.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
R (A) v Home Secretary (2003) EWHC 2846 (Admin) — Unsuccessful challenge to the decision of the decision of the Secretary of State to permit the claimants to be interviewed by journalists but only if the interviews were conducted within earshot of officials and were tape recorded. [Summary required.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
R (C) v South London and Maudsley NHS Trust and MHRT (2003) EWHC 3467 (Admin) — Unsuccessful challenge to lawfulness of s4 detention and Tribunal's decision to adjourn. [Summary required.] 2009-06-142003 cases, Miscellaneous, No summary, Transcript
R (N) v Ashworth Special Hospital Authority (2001) EWHC Admin 339 — Unsuccessful challenge to Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000 which introduced a discretionary power on special hospitals to record and subsequently to listen to a random ten per cent of the outgoing and incoming telephone calls of patients at the hospitals. 2009-04-192001 cases, Brief summary, Miscellaneous, Transcript
R (F) v Oxfordshire Mental Healthcare NHS Trust (2001) EWHC 535 Admin — Refusal to make extra contractual referral for transfer from Broadmoor to medium secure unit was lawful. 2009-04-192001 cases, Brief summary, Miscellaneous, Transcript
R (E) v Ashworth Hospital Authority (2001) EWHC 1089 — The restrictions placed on the male claimant's freedom to dress as, and to assume the appearance of, a woman were lawful. 2009-04-192001 cases, Brief summary, Miscellaneous, Transcript
C v South London and Maudsley Hospital NHS Trust (2001) EWHC 480 (Admin) — Unsuccessful application for permission to appeal against refusal of leave under s139 to bring proceedings. 2009-04-192001 cases, Miscellaneous, No summary, Permission hearings, Transcript
Cornelius v De Taranto (2001) EWCA Civ 1511 — Unsuccessful appeal on liability (Original decision: Unauthorised transmission of medico-legal report; unsuccessful defamation claim; damages awarded for injury to feelings caused by breach of confidence). 2009-04-192001 cases, Brief summary, Miscellaneous, Transcript
Cathleen Williams v Anthony Williams (2001) EWCA Civ 197 — The twelve-week requirement under s35 Mental Health Act does not apply to s48(1) Family Law Act 1996 (both sections relate to remand for medical examination and report). 2009-04-192001 cases, Brief summary, Miscellaneous, Transcript
Ashworth Hospital Authority v MGN Ltd (2002) UKHL 29 — MGN ordered to disclose identity of intermediary, as a means of identifying the source of the leaked information. 2009-04-122002 cases, Miscellaneous, No summary, Transcript
R (DB) v SSHD (2006) EWHC 659 (Admin) — Detention of "pre-operative male-to-female transsexual" on male ward did not violate Article 3 or 8 2009-04-122006 cases, Brief summary, Miscellaneous, Transcript
Lebrooy v LB of Hammersmith and Fulham (2006) EWHC 1976 (QB) — Claims struck out for having no prospect of success; in any event, no permission had been obtained under s139 so the proceedings were a nullity. 2009-04-122006 cases, Brief summary, Miscellaneous, Transcript
R (Takoushis) v HM Coroner for Inner North London (2005) EWCA Civ 1440 — Where a person dies as a result of what is arguably medical negligence in an NHS hospital, the state must have a system which provides for the practical and effective investigation of the facts and for the determination of civil liability. Unlike in the cases of death in custody, the system does not have to provide for an investigation initiated by the state but may include such an investigation. The present system complied with Article 2. Inquest verdict quashed and new inquest ordered. 2009-04-122005 cases, Detailed summary, Inquests, Miscellaneous, Transcript
R (Takoushis) v HM Coroner for Inner North London (2004) EWHC 2922 (Admin) — Coroner's decision not to call jury or adjourn for expert evidence, and inquest verdict, were lawful. [Overturned on appeal.] 2009-04-122004 cases, Inquests, Miscellaneous, No summary, Transcript
R (Scott) v London Borough of Hackney (2009) EWCA Civ 217 — The fact that a judicial review claimant is legally aided and his solicitor would therefore benefit from an inter partes costs order is not relevant to the decision as to whether to make a costs order. 2009-04-122009 cases, Brief summary, Miscellaneous, Transcript
Re GM (Section 3 of the Mental Health Act 1983) (2000) EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient). 2009-04-122000 cases, Consulting NR, Miscellaneous, No summary, Transcript
R (ML) v Secretary Of State For Health (2000) EWHC Admin 397 — The Visits by Children to Ashworth, Broadmoor and Rampton Hospitals Directions 1999 were lawful and did not violate Article 8. 2009-04-112000 cases, Brief summary, Miscellaneous, Transcript
R (Munjaz) v Ashworth Special Hospital Trust (2000) EWHC 644 (Admin) — The Ashworth seclusion policy, which departed from the Code of Practice, was unlawful. [Caution] 2009-04-112000 cases, Brief summary, Miscellaneous, Transcript
R (GP) v Merton, Sutton and Wandsworth Health Authority (2000) EWHC 643 (Admin) — Decision to close Orchard Hill (a long stay hospital for people with learning disabilities) quashed. 2009-04-112000 cases, Miscellaneous, No summary, Transcript
Doreen Trew v Chase Farm Hospital (2000) EWHC 645 (Admin) — A deferred conditional discharge had proved impossible to implement, no psychiatrist being willing to supervise the patient; on a subsequent Tribunal application the medical evidence was that an absolute discharge would be appropriate, but the panel adjourned the hearing; in the circumstances habeas corpus was not the appropriate remedy as the failure of the Tribunal to make the decision (as it should have) did not make the detention unlawful. 2009-04-112000 cases, Brief summary, Miscellaneous, Transcript
Cornelius v de Taranto (2000) EWHC 561 (QB) — Unauthorised transmission of medico-legal report; unsuccessful defamation claim; damages awarded for injury to feelings caused by breach of confidence. 2009-04-112000 cases, Brief summary, Miscellaneous, Transcript
Ashworth Hospital Authority v MGN Ltd (2000) EWCA Civ 334 — MGN ordered to disclose identity of intermediary, as a means of identifying the source of the leaked information. 2009-04-112000 cases, Miscellaneous, No summary, Transcript
Palmer v Tees Health Authority (1999) EWCA Civ 1533 — The proximity required for a duty of care as between a hospital and the victim of a patient only arises if the victim is a member of an identifiable at risk group. [MHLR.] 2009-04-111999 cases, Brief summary, MHLR summary, Miscellaneous, Transcript
Broadmoor Hospital Authority v R (1999) EWCA Civ 3039 — A High Secure hospital has a duty to treat patients, maintain security and provide a therapeutic environment; and implicit rights and powers to secure these objectives, including seeking to control events outside the hospital that might impact upon its duties. [MHLR.] (No injunction to prevent patient publishing book about index offence.) 2009-04-111999 cases, Brief summary, MHLR summary, Miscellaneous, Transcript
R (Wright) v SSH (2009) UKHL 3 — Section 82(4)(b) of the Care Standards Act 2000, which provides for the provisional inclusion in the POVA list of a care worker (thus depriving him of employment) immediately after concerns are raised but before any judicial hearing, is incompatible with Articles 6 and 8. 2009-02-222009 cases, Brief summary, ICLR summary, Miscellaneous, Transcript
Adorian v Commissioner of Police of the Metropolis (2009) EWCA Civ 18 — Failure to apply for permission under s329(2) Criminal Justice Act 2003 before bringing proceedings did not render the proceedings a nullity, but rather amounted to a procedural irregularity that could be cured by subsequent application at the discretion of the court. 2009-01-282009 cases, Detailed summary, ICLR summary, Miscellaneous, Transcript
R (SP) v SSJ (2009) EWHC 13 (Admin) — The requirements of Article 2 concerning an investigation into the treatment of the claimant while she was serving a sentence of detention in a young offender institution. 2009-01-212009 cases, ECHR, Miscellaneous, No summary, Transcript
Buck v Nottinghamshire Healthcare NHS Trust (2006) EWCA Civ 1576 — The claimant nurses had been assaulted by a patient and sued the Trust in negligence. The standard of reasonable care is that which is reasonably to be demanded in the circumstances: one of the circumstances was the duty of care owed by the defendant to the patient; another was the failure, contrary to the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000, to have a policy for assessing high risk patients for being locked up at night, a policy which would have led to the patient being locked up and prevented the assault. Appeal dismissed. 2009-01-172006 cases, Brief summary, Miscellaneous, Transcript
Gray v Thames Trains Ltd (2008) EWCA Civ 713 — The principle of ex turpa causa did not prevent the claimant from recovering damages after the commission of manslaughter. [Overturned on appeal.] 2008-12-282008 cases, Brief summary, ICLR summary, Miscellaneous, Transcript
Gray v Thames Trains Ltd (2007) EWHC 1558 (QB) — The principle of ex turpi causa prevented the claimant from recovering damages after the commission of manslaughter. 2008-12-282007 cases, Brief summary, Miscellaneous, Transcript
R (Kay) v Health Service Commissioner (2008) EWHC 2063 (Admin) — Unsuccessful challenge to decision of the Health Service Commission (i) to refuse to provide Mr Kay with copies of documents provided by the NHS Trust, which are not deemed to be relevant to a determination of a complaint before the ombudsman by virtue of section 15(1)(a) of the Health Service Commissions Act 1993, and (ii) for requiring an undertaking from Mr Kay to use such documents as may be released only for the purpose of the complaints. 2008-12-282008 cases, Brief summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2008) UKHL 74 — Article 2 imposes, in addition to general obligations, a further "operational" obligation on health authorities and their hospital staff: if members of staff know or ought to know that a particular patient presents a real and immediate risk of suicide, they must do all that can reasonably be expected to prevent the patient from committing suicide. 2008-12-102008 cases, Brief summary, Miscellaneous, Transcript
McGrady, Re Application for Judicial Review (2003) NIQB 15 — (1) The ability to disclose material to the representative on condition that it was not revealed to the patient was compatible with the Convention (obiter, since no decision had been taken on this yet). (2) The medical member's role is to form a provisional view on the patient's mental condition, rather than on the statutory criteria, and he discloses his conclusion during the hearing; if this approach is taken then there is no violation of Article 5(4), DN v Switzerland 27154/95 (2001) ECHR 235 distinguished. 2008-11-272003 cases, Bias, Brief summary, Miscellaneous, Northern Irish cases, Transcript
M v South West London and St George's Mental Health NHS Trust (2008) EWCA Civ 1112 — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application. 2008-10-302008 cases, Miscellaneous, No summary, Transcript
D'Souza v DPP (1992) UKHL 10 — Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises. 2008-10-221992 cases, Brief summary, Miscellaneous, Transcript
R (S) v Broadmoor Special Hospital Authority (1998) EWCA Civ 160 — Broadmoor's random and routine search policy was lawful. 2008-10-151998 cases, Miscellaneous, No summary, Transcript
R (S) v Broadmoor Special Hospital Authority (1997) EWCA Civ 2875 — Permission granted to appeal (challenge to Broadmoor search policy). 2008-10-151997 cases, Miscellaneous, No summary, Transcript
R (S) v Broadmoor Special Hospital Authority (1997) EWHC Admin 875 — Broadmoor's random and routine search policy was lawful. 2008-10-151997 cases, Miscellaneous, No summary, Transcript
Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust (1998) EWCA Civ 1347 — Unsuccessful judicial review and habeas corpus applications challenging renewal of detention while patient was spending most of week on leave. 2008-10-151998 cases, Miscellaneous, No summary, Transcript
M v Hospital Managers of Queen Mary's Hospital (2008) EWHC 1959 (Admin) — Habeas corpus - challenge to lawfulness of medical recommendation and ASW application. 2008-09-152008 cases, Brief summary, Miscellaneous, Transcript
AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB) — Negligence. 2008-09-132008 cases, Miscellaneous, No summary, Transcript
Adorian v Commissioner of Police of the Metropolis (2008) EWHC 1081 (QB) — Failure to apply for permission under s329(2) Criminal Justice Act 2003 before bringing proceedings did not render the proceedings a nullity, but rather amounted to a procedural irregularity that could be cured by subsequent application at the discretion of the court; Seal v. Chief Constable of South Wales Police (2007) UKHL 31 distinguished because of differences from s139 MHA 1983; permission now granted.' 2008-09-132008 cases, Detailed summary, Miscellaneous, Transcript
R (G) v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1096 (Admin) — HUMAN RIGHTS — Right to respect for private and family life — Smoking ban — Claimants detainees at high security psychiatric hospital — Regulation providing mental health units temporary exemption from smoking ban — Whether regulation to be read as providing mental health units with permanent exemption — Whether interference with claimants’ Convention rights — Human Rights Act 1998, s 3(1), Sch 1, Pt 1, arts 8, 14 — Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765), reg 10(3). A provision which had the effect of prohibiting smoking in a high security psychiatric hospital was not incompatible with the human rights of detained mental patients and was not unlawful. 2008-09-132008 cases, Detailed summary, ICLR summary, Miscellaneous, Smoking, Transcript
Roberts v Nottinghamshire Healthcare NHS Trust (2008) EWHC 1934 (QB) — Data Protection Act case. 2008-09-132008 cases, Miscellaneous, No summary, Transcript
Law Society v Legal Services Commission (2007) EWHC 1848 (Admin) — Litigation between Law Society and LSC over Unified Contract. 2008-09-132007 cases, Miscellaneous, No summary, Transcript
R (T) v Nottinghamshire Healthcare NHS Trust (2006) EWHC 800 (Admin) — Unsuccessful challenge to s19 transfer from Rampton to Broadmoor. 2008-09-122006 cases, Brief summary, Miscellaneous, Transcript
Mersey Care NHS Trust v Ackroyd (2006) EWHC 107 (QB) — No public interest justification for disclosure of journalist's source. 2008-02-232006 cases, Miscellaneous, No summary, Transcript
Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101 — No public interest justification for disclosure of journalist's source. 2008-02-232007 cases, Miscellaneous, No summary, Transcript
Decision of the Social Security Commissioner (2007) UKSSCSC CSS 239 2007 — Appeal against the removal of entitlement to Severe Disablement Allowance by Social Security (Hospital In-Patients) Regulations 2005 was unsuccessful 2008-02-222007 cases, Brief summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2007) EWCA Civ 1375 — Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk." 2007-12-272007 cases, Detailed summary, Miscellaneous, Transcript
Savage v South Essex Partnership NHS Foundation Trust (2006) EWHC 3562 (QB) — For allegations of clinical negligence, the legal test applicable to a breach of Art 2, in respect of a patient detained under s3, is that of at least gross negligence of a kind sufficient to sustain a charge of manslaughter 2007-12-272006 cases, Brief summary, Miscellaneous, Transcript
Seal v. Chief Constable of South Wales Police (2007) UKHL 31 — MENTAL DISORDER — Leave to bring proceedings — Civil proceedings — Police officers removing claimant to place of safety — Claimant bringing action against officers without obtaining leave of High Court — Whether failure to obtain leave rendering proceedings nullity — Mental Health Act 1983, s 139(2). It was a mandatory requirement to obtain the leave of the High Court, pursuant to s 139(2) of the Mental Health Act 1983, before bringing civil proceedings in respect of any act purporting to be done in pursuance of that Act, and proceedings issued without obtaining such leave first were rendered a nullity. 2007-07-172007 cases, Detailed summary, Miscellaneous, Transcript
Seal v Chief Constable of South Wales Police (2005) EWCA Civ 586 — Mental disorder — Practice — Leave to bring proceedings — Claim by patient for damages against police officers — Failure to obtain leave to bring proceedings — Whether proceedings rendered nullity — Whether subsequent grant of leave permissible — Mental Health Act 1983, s139(2). It was a mandatory requirement to seek leave from the High Court under s 139(2) of the Mental Health Act 1983 to bring civil proceedings for actions purported to be done under that Act. Failure to seek leave rendered the proceedings a nullity. 2007-07-172005 cases, Detailed summary, Miscellaneous, Transcript
Ward v Commissioner of Police for the Metropolis (2003) EWCA Civ 1152 — Implied power for magistrate to impose 'any condition which can sensibly relate to the execution of a warrant in a way which protects the interests of the person liable to be removed whilst furthering the object of the grant of the warrant'. The conditions were not followed so the removal and detention was unlawful.

Overturned by House of Lords: Ward v Commissioner of Police for the Metropolis (2005) UKHL 32

2007-02-072003 cases, Brief summary, Miscellaneous, Transcript
Ward v Commissioner of Police for the Metropolis (2005) UKHL 32 — Mental disorder — Place of safety order — Validity of detention — Warrant naming health professionals to accompany constable — Named persons absent when warrant executed — Whether warrant and execution valid — Whether power in magistrate to specify names — Mental Health Act 1983 (as amended by Police and Criminal Evidence Act 1984, s 119(1)(2), Sch 7, Pt I), s 135(1). A condition imposed by a magistrate issuing a warrant under s135 of the Mental Health Act 1983 specifying named persons to accompany the constable executing the warrant had been invalid. 2007-02-072005 cases, Detailed summary, Miscellaneous, Transcript
R (A) v Partnerships in Care Ltd (2002) EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted. 2007-02-072002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript
R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct. 2007-02-072002 cases, Brief summary, Miscellaneous, Permission hearings, Transcript
R (Duncan and Mackintosh) v Legal Aid Board (2000) EWHC Admin 294 — Unsuccessful claim against Legal Aid Board. 2006-04-162000 cases, Miscellaneous, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2003) EWCA Civ 1036 — Departure from Code of Practice. 2006-04-162003 cases, Miscellaneous, No summary, Transcript
W v Egdell (1989) EWCA Civ 13 — Independent psychiatrist owes a duty to the public as well as a duty of confidence to the patient. (Independent doctor disclosed his unfavourable report directly to the RMO. Claim for breach of confidence dismissed.) 2006-04-151990 cases, Brief summary, Miscellaneous, Transcript
R (D) v SSHD (2004) EWHC 2857 (Admin) — Delay in transfer between hospitals. 2006-04-152004 cases, Miscellaneous, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58 — The Code of Practice is guidance rather than instruction, but must not be departed from in the absence of cogent reasons; the Ashworth seclusion policy, although deviating from the standards in the Code of Practice, was lawful. 2006-04-122005 cases, Brief summary, Miscellaneous, Transcript

Article titles

The following 171 pages are in this category.

A

B

C

D

E

F

G

H

J

L

L cont.

M

N

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P

R

R cont.

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