2000 cases

The old category structure shown on this page is comprehensive as it contains every case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases from 2019, but only a minority of older cases: see Special:Drilldown/Cases. 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. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
LB Richmond v W [2001] QB 370 — "These four appeals involve an important issue as to whether charges can be levied by local authorities in relation to accommodation provided by them under section 117 of the Mental Health Act 1983 to persons who have been discharged from detention under section 3 of that Act." 2018‑05‑13 22:46:13 2000 cases, After-care, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript

Re F (Adult Patient) [2000] EWCA Civ 3029 — Court's jurisdiction. 2009‑04‑12 00:26:37 2000 cases, Best interests, No summary, Transcript

Re GM (Section 3 of the Mental Health Act 1983) [2000] EWHC 642 (Admin) — Habeas corpus - no breach by ASW of s11(4) (consultation with NR) or s13(2) (interview with patient). 2009‑04‑12 00:12:14 2000 cases, Consulting NR, Miscellaneous, No summary, Transcript

R (X) v SSHD [2000] EWCA Civ 3026 — "This appeal from Turner J is concerned with the interrelation of the Immigration Act 1971, the Mental Health Act 1983, and the Human Rights Act 1998 and with the effect of an immigrant's mental illness on the Home Secretary's powers to refuse to grant him exceptional leave to enter or remain." 2009‑04‑12 00:07:16 2000 cases, No summary, Repatriation cases, Transcript

R (X) v SSHD [2000] EWHC 647 (Admin) — "This is an application for judicial review of the decision of an immigration officer dated 28 May 1999, by which he refused to grant the applicant exceptional leave to enter or remain in the United Kingdom and enforced his removal to Malta." 2009‑04‑12 00:07:15 2000 cases, No summary, Repatriation cases, Transcript

R (Von Brandenburg) v Tower Hamlets Health Care NHS Trust [2000] EWHC Admin 362 — Resectioning after Tribunal hearing. 2009‑04‑12 00:01:16 2000 cases, No summary, Re-sectioning after hearing, Transcript

R (SSHD) v MHRT, re MW [2000] EWHC 638 (Admin)S78 allows Tribunal rules to be made to give the Tribunal such powers as are necessary for the purposes of the exercise of their statutory functions; the old MHRT rules were made under this section; the MHA does not give the Tribunal any power to make recommendations in the case of a restricted patient; therefore, the Tribunal could not lawfully adjourn for information relating solely to the making of an extra-statutory recommendation. 2009‑04‑11 23:58:13 2000 cases, Brief summary, Powers, Transcript

R (ML) v Secretary Of State For Health [2000] EWHC Admin 397The Visits by Children to Ashworth, Broadmoor and Rampton Hospitals Directions 1999 were lawful and did not violate Article 8. 2009‑04‑11 23:31:42 2000 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] 2009‑04‑11 23:23:44 2000 cases, Brief summary, Miscellaneous, Transcript

R (H) v MHRT [2000] EWHC 646 (Admin)The MHRT should not have informed the nearest relative of restricted patient [or, more correctly, the person who would have been the nearest relative had the patient not been restricted] of the forthcoming hearing, because the definition of "nearest relative" in the Tribunal rules excluded restricted patients; the injunction preventing the Tribunal from disclosing its final decision would continue. 2009‑04‑11 22:54:06 2000 cases, Brief summary, Other NR cases, Other Tribunal cases, Transcript

R (GP) v Merton, Sutton and Wandsworth Health Authority [2000] EWHC 643 (Admin) — Decision to close Orchard Hill (a long stay hospital for people with learning disabilities) quashed. 2009‑04‑11 22:32:54 2000 cases, Miscellaneous, No summary, Transcript

R (C) v MHRT London South and South West Region [2000] EWHC 637 (Admin)The listing of s3 hearings no later than 8 weeks after application did not breach Article 5(4). The RMO has a continuing duty to consider whether the conditions remain satisfied. 2009‑04‑11 22:29:40 2000 cases, Brief summary, Transcript, Tribunal delay

R (Brown) v North East Thames MHRT [2000] EWHC 640 (Admin)It was not in the public interest interest to pursue the judicial review of a Tribunal decision to discharge conditionally rather than absolutely: there had subsequently been a recall and a further well-reasoned conditional discharge; even if the applicant won he would be granted no relief. 2009‑04‑11 22:14:20 2000 cases, Absolute or conditional discharge, Brief summary, Transcript

R (Brady) v Dr Collins [2000] EWHC 639 (Admin)(1) The hunger strike was a manifestation or symptom of the patient's personality disorder, and the commencement of force-feeding was justified under s63 as medical treatment for mental disorder; even if s63 did not apply, the patient lacked capacity and the doctors had acted in what they lawfully believed was his best interests; (2) The appropriate test when considering challenges to compulsory treatment under s63 was the "super-Wednesbury" test [caution: the law has since changed] 2009‑04‑11 22:04:34 2000 cases, Brief summary, Challenges to compulsory treatment, Transcript

R (B) v Uxbridge County Court [2000] EWHC 641 (Admin) — Unsuccessful appeal against s29 displacement order. 2009‑04‑11 21:27:54 2000 cases, Displacement, No summary, Transcript

Nora McClelland v Simon S [2000] EWCA Civ 3028 — Unsuccessful appeal against s29 displacement order. 2009‑04‑11 21:26:25 2000 cases, Displacement, 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. 2009‑04‑11 21:24:30 2000 cases, Brief summary, Miscellaneous, Transcript

D v Barnet Healthcare Trust [2000] EWCA Civ 3027 — Identification of correct nearest relative, and extent of duty of ASW; meaning of "cares for". 2009‑04‑11 21:10:20 2000 cases, Consulting NR, No summary, 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. 2009‑04‑11 21:04:18 2000 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. 2009‑04‑11 20:56:01 2000 cases, Judgment available on Bailii, Miscellaneous, No summary, Transcript

Smirek v Williams [2000] EWCA Civ 3025 — Unsuccessful appeal against displacement order under s29. 2009‑04‑11 20:53:53 2000 cases, Displacement, No summary, Transcript

R v Reynolds (Daniel Ferdinand George) [2000] EWCA Crim 3539 — Appeal against restriction order allowed. 2009‑04‑11 13:03:19 2000 cases, No summary, Restriction order cases, Transcript

R v Newman [2000] EWCA Crim 2 — Mental illness could not be exceptional circumstance for purposes of section 2 of the Crime (Sentences) Act 1997 (automatic life sentence for second serious offence). 2009‑04‑11 13:00:09 2000 cases, Life sentence cases, No summary, Transcript

R v Melbourne (Paul Anthony) [2000] EWCA Crim 3537 — Four-year sentence for breach of restraining order quashed and substituted with a hospital order and restriction order. 2009‑04‑11 12:48:17 2000 cases, No summary, Sentence appeal cases, Transcript

R v Jones (Michelle Louise) [2000] EWCA Crim 3538 — Appeal against restriction order allowed. 2009‑04‑11 12:42:57 2000 cases, No summary, Restriction order cases, Transcript

R v Belford (Moses Edward) [2000] EWCA Crim 3536Sentence of 12 months' imprisonment quashed and substituted with 6-month sentence suspended for 18 months (schizophrenia being an exceptional circumstance). 2009‑04‑11 12:28:17 2000 cases, Brief summary, Sentence appeal cases, Transcript

R v Kamara [2000] EWCA Crim 17 — Appeal against restriction order dismissed. 2009‑04‑11 12:21:33 2000 cases, No summary, Restriction order cases, Transcript

Varbanov v Bulgaria 31365/96 [2000] ECHR 457(1) Violation of Article 5(1): Deprivation of liberty was not justified under Art 5(1)(e) and had no basis in domestic law which, moreover, did not provide the required protection against arbitrariness as it did not require the seeking of a medical opinion. (2) Violation Article 5(3): The applicant could only appeal to prosecutors and so was deprived of his right to have the lawfulness of his detention reviewed by a court. 2009‑04‑10 21:52:47 2000 cases, Detailed summary, ECHR, Transcript

Croke v Ireland 33267/96 [2000] ECHR 680The applicant's case under Article 5 (about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric institution and about the absence of a periodic, independent and automatic review of his detention thereafter) was struck out of the list on the basis of a friendly settlement based on the Southern Irish government's intention to enact the Mental Health Bill 1999 to replace the Mental Treatment Act 1945. 2009‑04‑09 22:14:10 2000 cases, Brief summary, ECHR, MHLR summary, Southern Irish cases, Transcript

Re A (Medical Treatment: Male Sterilisation) [2000] 1 FLR 549, (2000) 1 FCR 193It would not be in the best interests of A, who lacked capacity to make the decision, to be sterilised, while the current level of supervision continued; best interests are not limited to best medical interests but encompass medical, emotional and all other welfare issues. 2008‑12‑30 20:30:38 2000 cases, Best interests, Detailed summary, Judgment available on MHLO, Judgment missing from Bailii, Transcript

Re A (Children) (Conjoined Twins: Surgical Separation) [2000] EWCA Civ 254(1) The operation to separate Siamese twins, both of whom would otherwise shortly die, would clearly be in Jodie's best interests, but would kill Mary; the court must perform a balancing exercise in determining what was in the twins' best interests, regardless of the parents' religious objections; the scales come down heavily in Jodie's favour. (2) The operation would be lawful in criminal law, under the doctrine of necessity, and as the primary purpose was not to kill Mary 2008‑12‑30 19:19:33 2000 cases, Best interests, Detailed summary, Transcript

Re F (Adult Patient: Court's Jurisdiction) [2000] EWCA Civ 192 — Hight Court had power to grant declarations to protect vulnerable adult who lacked capacity from abuse. [Summary required.] 2008‑10‑15 19:01:28 2000 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript

R v Antoine [2000] UKHL 20 — "The issue which arises on this appeal is whether an accused person charged with murder is entitled to rely on the defence of diminished responsibility under section 2 of the Homicide Act 1957, when he has been found by a jury to be unfit to plead by reason of mental disability, and a jury proceeds under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (as substituted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991) to determine whether he did the act charged against him as the offence." 2008‑09‑22 06:33:28 2000 cases, Brief summary, Transcript, Unfitness and insanity cases

R (Evans) v Brockhill Prison [2000] UKHL 48 — False imprisonment. 2008‑09‑12 15:54:47 2000 cases, No summary, Prison law cases, Transcript

Nielsen v Denmark 10929/84 [1988] ECHR 23 — Article 5 and child's admission to a psychiatric ward which had been arranged by his mother. [Summary required.] 2007‑02‑07 20:34:39 2000 cases, ECHR, ECHR deprivation of liberty cases, Judgment available on Bailii, No summary, Transcript

R (SSHD) v MHRT, re PH [2002] EWCA Civ 1868Conditions of discharge are lawful so long as they do not amount to a deprivation of liberty: in this case, a condition that the patient could not leave a hostel unescorted was lawful; so too could be a condition of residence at a hospital (rough summary) 2007‑02‑06 18:15:31 2000 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript

JT v UK 26494/95 [2000] ECHR 133Case struck out of list, as friendly settlement reached to ensure MHA compliant with Article 8: MHA to be amended to allow patient to apply for displacement of NR where reasonably objected; and to allow exclusion of certain persons from acting as NR. 2006‑05‑03 21:56:24 2000 cases, Detailed summary, Displacement, ECHR, Transcript

R (Duncan and Mackintosh) v Legal Aid Board [2000] EWHC Admin 294 — Unsuccessful claim against Legal Aid Board. 2006‑04‑16 20:28:42 2000 cases, Miscellaneous, No summary, Transcript

Article titles

The following 41 pages are in this category.