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DSA

MHA - Tribunals: Case law

When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.


SB v South London and Maudsley NHS Foundation Trust, Upper Tribunal (AAC), 30th January 2020

DA v Kent and Medway NHS and Social Care Partnership Trust, Upper Tribunal, 11th November 2019

SLL v (1) Priory Health Care and (2) Secretary of State for Justice (Mental health), Upper Tribunal, 18th October 2019

JG v Kent and Medway NHS & Social Care Partnership Trust, Upper Tribunal, 11th June 2019

JS v South London and Maudsley NHS Foundation Trust and the Secretary of State for Justice, Upper Tribunal, 30th May 2019

LW v Cornwall Partnership NHS Trust and Associated Cases, Upper Tribunal, 29th November 2018

VS v St Andrew's Healthcare, Upper Tribunal, 23rd July 2018

M v ABM University Health Board, Upper Tribunal, 27th March 2018

DL-H v West London Mental Health Trust and the Secretary of State for Justice, Upper Tribunal, 28th September 2017

JMcG v Devon Partnership NHS Trust (Mental health), Upper Tribunal, 23rd August 2017

Djaba v West London Mental Health Trust & Anor, Court of Appeal, 28th June 2017

The Secretary of State for Justice v MM: Welsh Ministers v PJ, Court of Appeal, 29th March 2017

LB v BMH, Upper Tribunal, 14th March 2017

M v First Tier Tribunal (2) CICA, Upper Tribunal, 25th February 2017

R (on the application of Ian Stewart Brady) v Lord Chancellor and others, High Court, 20th February 2017

PI v West London Mental Health NHS Trust, Upper Tribunal, 8th February 2017

R (OK) v First-tier Tribunal and Cambian Fairview, Upper Tribunal, 12th January 2017

GW v Gloucestershire County Council, Upper Tribunal, 22nd September 2016

JD v West London Mental Health NHS Trust and Secretary of State for Justice, Upper Tribunal, 19th July 2016

RP v Dudley and Walsall Mental Health Partnership NHS Trust, Upper Tribunal, 26th April 2016

C, R (on the application of) v Secretary of State for Justice, Supreme Court, 27th January 2016

MM v (1) WL Clinic and (2) MHU, Upper Tribunal, 21st January 2016

WH v Llanarth Court Hospital (Partnerships in Care), Upper Tribunal, 21st December 2015

AM v Partnerships in Trust Limited and Secretary of State for Justice, Upper Tribunal, 25th November 2015


MM v (1) WL Clinic and (2) MHU, Upper Tribunal, 23rd November 2015

PJ v A Local Health Board and Others, Upper Tribunal, 4th September 2015

SL v Ludlow Street Healthcare, Upper Tribunal, 16th July 2015

SSJ v KC, Upper Tribunal, 2nd July 2015

KD v A Borough Council, the Department of Health and Others, Upper Tribunal, 18th May 2015

AF v Nottinghamshire NHS Trust, Upper Tribunal, 27th April 2015

NM v Kent County Council, Upper Tribunal, 18th March 2015

YA v Central and NW London NHS Trusts and Others, Upper Tribunal, 4th February 2015

AMA v Greater Manchester West Mental Health NHS Foundation Trust and Others, Upper Tribunal, 4th February 2015

NL v Hampshire County Council, Upper Tribunal, 21st October 2014

HK v Llanarth Court Hospital, Upper Tribunal, 11th September 2014

Equilibrium Health Care v AK, Upper Tribunal, 4th November 2013

MH v the UK, European Court of Human Rights, 22nd October 2013

Pendlebury v Secretary of State for Justice, High Court, 15th October 2013

DL-H v Partnerships in Care and the Secretary of State for Justice, Upper Tribunal, 4th October 2013

AM v South London & Maudsley Trust and Anor, Upper Tribunal, 6th August 2013

Modaresi v Secretary of State for Health, Supreme Court, 24th July 2013

AM v West London MH NHS Trust, Court of Appeal, 10th July 2013

Secretary of State for Justice v SB, Upper Tribunal, 5th July 2013

GA v Betsi Cadwaladr University LHB, Upper Tribunal, 12th June 2013

C v Birmingham and Solihull MH NHS Trust: F v St Andrews, Court of Appeal, 8th May 2013

RC v NHS Islington and Others, Upper Tribunal, 2nd April 2013

MD v Mersey Care NHS Trust, Upper Tribunal, 6th March 2013

MM v Nottinghamshire Healthcare NHS Trust, Upper Tribunal, 25th February 2013

MS v North East London Foundation Trust, Upper Tribunal, 18th February 2013

Re M, Upper Tribunal, 18th February 2013

R (Zhang) v Whittington Hospital, High Court, 4th February 2013

GB v South West London and St George's MH NHS Trust, Upper Tribunal, 28th January 2013

Secretary of State for Justice v MP and Nottinghamshire Healthcare NHS Trust, Upper Tribunal, 11th January 2013

MA v Secretary of State for Health and Others, Upper Tribunal, 20th December 2012

AC v Partnerships in Care Ltd and Secretary of State for Justice, Upper Tribunal, 4th December 2012

JP v South London and Maudsley NHS Foundation Trust, Upper Tribunal, 27th November 2012

SH v Cornwall Partnership NHS Trust, Upper Tribunal, 6th August 2012

CNWL NHS Foundation Trust v H-JH, Upper Tribunal, 14th June 2012

EC v Birmingham and Solihull Mental Health Trust, Upper Tribunal, 29th May 2012

R (MP) v First-tier Tribunal and West London Mental Health NHS Trust, Upper Tribunal, 22nd May 2012

DC v Nottinghamshire Healthcare NHS Trust, Upper Tribunal, 22nd March 2012

Secretary of State for Justice v RB, Court of Appeal, 20th December 2011

DP v Hywel DDA Health Board, Upper Tribunal, 21st September 2011

DN v Northumberland Tyne & Wear NHS Foundation Trust, Upper Tribunal, 16th August 2011

MB v BEH MH NHST & Secretary of State for Justice, Upper Tribunal, 12th August 2011

JP v Birmingham and Solihull Mental Health NHS Trust and Others, Upper Tribunal, 30th July 2011

KL v Somerset Partnership NHS Foundation Trust, Upper Tribunal, 10th June 2011

RN v Curo Care, Upper Tribunal, 11th April 2011

TR v Ludlow Street Healthcare Ltd, Upper Tribunal, 7th April 2011

PS v Camden and Islington NHS Foundation Trust, Upper Tribunal, 30th March 2011

CM v Derbyshire Healthcare NHS Foundation Trust and Secretary of State for Justice, Upper Tribunal, 23rd March 2011

MP v Mersey Care NHS Trust, Upper Tribunal, 15th March 2011

AH v West London MHT and Secretary of State for Justice, Upper Tribunal, 17th February 2011

RB v Nottinghamshire Healthcare NHS Trust, Upper Tribunal, 11th February 2011

JLG v Managers of Llanarth Court and Secretary of State for Justice, Upper Tribunal, 9th February 2011

DL v South London & Maudsley NHS Trust Foundation & Secretary of State for Justice, Upper Tribunal, 17th December 2010

RH v South London & Maudsley NHS Foundation Trust and the Secretary of State for Justice, Court of Appeal, 12th November 2010

LC v DHIH, Upper Tribunal, 3rd September 2010

AH v West London MHT and Secretary of State for Justice, Upper Tribunal, 29th July 2010

KF & others v Birmingham and Solihull Mental Health NHS Foundation Trust, Upper Tribunal, 2nd June 2010

RM v St Andrew's Healthcare, Upper Tribunal, 23rd April 2010

DL-H v Devon Partnership NHS Trust v Secretary of State for Justice, Upper Tribunal, 12th April 2010

MD v Nottinghamshire Health Care NHS Trust, Upper Tribunal, 25th February 2010

AA v Cheshire and Wirral Partnership NHS Foundation Trust, Upper Tribunal, 1st October 2009

BB v South London and Maudsley NHS Trust, & Secretary of State for Justice, Upper Tribunal, 7th August 2009

Dorset Healthcare NHS Foundation Trust v MH, Upper Tribunal, 8th January 2009

R (MN) v Mental Health Review Tribunal, High Court, 19th December 2008

R (on the application of Nottingham Healthcare NHS Trust) v MHRT and GK, High Court, 19th September 2008

R v South Region MHRT, ex parte B, Administrative Court, 13th August 2008

Clive Roberts and Nottinghamshire Healthcare NHS Trust, Queen's Bench Division, 1st August 2008

R v Secretary of State for the Home Department and others, ex parte Juncal, Court of Appeal, 25th July 2008

IT v Secretary of State for Justice, Queens Bench, 18th July 2008

Secretary of State for Justice v Daniel Rayner, Court of Appeal, 12th March 2008

M (R on the application of) v Homerton University Hospital, Court of Appeal, 1st February 2008

R (on the application of RD) v Mental Health Review Tribunal, Queen's Bench Division, 4th April 2007

R (on the application of SH) v Mental Health Review Tribunal, Queen's Bench Division, 3rd April 2007

R (on the application of MN) v Mental Health Review Tribunal, Queen's Bench Division, 22nd March 2007

R (Care Principles Ltd) v Mental Health Review Tribunal; R (AL) v Care Principles Ltd and Julie Bartlett, Administrative Court, 24 November 2006

O (R on the application of) v Mental Health Review Tribunal, Administrative Court, 17th October 2006

OS (R on the application of) v Secretary of State for the Home Department, Administrative Court, 24th July 2006

JB (R on the application of) v Dr A Haddock, Dr J Rigby, Dr Wood, Court of Appeal, 11th July 2006

R v Staines, Court of Appeal, 26th January 2006

B (R on the application of) v Dr SS (RMO), Court of Appeal, 26th January 2006

AN v Mental Health Review Tribunal, Court of Appeal, 21st December 2005

R (on the application of Secretary of State) v Mental Health Review Tribunal & BR, Court of Appeal, 21st December 2005

SR (R on the application of) v Mental Health Review Tribunal, Administrative Court, 14th December 2005

M (R on the application of) v Mental Health Review Tribunal, Administrative Court, 7th December 2005

R (East London and City Mental Health NHS Trust) v Mental Health Review Tribunal, Administrative Court, 26th August 2005

R v IA, Court of Appeal, 4th August 2005

B v Camden London Borough Council; Camden & Islington Mental Health & Social Care Trust, Administrative Court, 5th July 2005

Kolanis v United Kingdom, European Court of Human Rights, 21st June 2005

Brenda Lewis v Mark Gibson & MH (By her litigation friend, The Official Solicitor), Court of Appeal, 19th May 2005

Secretary of State for the Home Department v Mental Health Review Tribunal & CH, Administrative Court, 15th April 2005

R (on the application of DJ) v MHRT; R (on the application of AN) v MHRT, Administrative Court, 11th April 2005

B (R on the application of) v Ashworth Hospital Authority, House of Lords, 17th March 2005

AL (R on the application of) v Secretary of State for the Home Department, Court of Appeal, 20th January 2005

R (on the application of SC) v The Mental Health Review Tribunal, Administrative Court, 17th January 2005

CS (R on the application of) v Mental Health Review Tribunal and another, Administrative Court, 6th December 2004

R (on the application of Secretary of State for the Home Department) v Mental Health Review Tribunal, Administrative Court, 7th October 2004

R (on the application of G) v Mental Health Review Tribunal, Administrative Court, 7th October 2004

R (on the application of A) v Mental Health Review Tribunal, Administrative Court, 23rd July 2004

R (on the application of Mersey Care Trust) v Mental Health Review Tribunal, Administrative Court, 22nd July 2004

W v Doncaster MBC, Court of Appeal, 6th May 2004

AL (R on the application of) v Secretary of State for the Home Department, Administrative Court, 23rd April 2004

Secretary of State for the Home Department (R on the application of) v Mental Health Review Tribunal, Administrative Court, 7th April 2004

Judge rules double killer cannot leave hospital, Press Association, 7th April 2004

PD (R on the application of) v West Midlands and North West Mental Health Review Tribunal, Court of Appeal, 17th March 2004

Secretary of State for the Home Department (R on the application of) v Mental Health Review Tribunal, Administrative Court, 10th March 2004

Li (R on the application of) v Mental Health Review Tribunal, Administrative Court, 22nd January 2004

R v East London and The City Mental Health NHS Trust and Another, Ex parte Von Brandenburg, House of Lords, 13th November 2003

IH (R on the application of) v Secretary of State for the Home Department and Another, House of Lords, 13th November 2003

R (C) v South London and Maudsley NHS Trust and Mental Health Review Tribunal, High Court, 6th October 2003

X (R on the application of) v Mental Health Review Tribunal, Administrative Court, 13th May 2003

Mersey Care NHS Trust (R on the application of) v Mental Health Review Tribunal, Administrative Court, 9th May 2003

T v Mental Health Review Tribunal (Defendant) & G (Interested Party), Administrative Court, 22nd February 2002

B (R on the application of) v Mental Health Review Tribunal, Administrative Court, 13th February 2003

R (on the application of KB and others) v Mental Health Review Tribunal and another, Administrative Court, 13th February 2003

Secretary of State for the Home Department v Mental Health Review Tribunal & PH, Court of Appeal, 19th December 2002

S (R on the application of) v Mental Health Review Tribunal and Department of Health, Administrative Court, 27th November 2002

DR (R on the application of) v Merseycare NHS Trust, Administrative Court, 7th August 2002

Home Secretary (R on the application of) v Mental Health Review Tribunal; PG as Interested Party, Administrative Court, 31st July 2002

B (R on the application of) v Mental Health Review Tribunal and another, Administrative Court, 22nd July 2002

H (R on the application of) v Mental Health Review Tribunal, Administrative Court, 9th July 2002

Ashworth Hospital v Mental Health Review Tribunal. H v Ashworth Hospital, Court of Appeal, 28th June 2002

KB, MK, JR, GM, LB, PD and TB v Mental Health Review Tribunal, Administrative Court, 23rd April 2002

Warren (R on the application of) v Mental Health Review Tribunal, London North & East Region, Administrative Court, 19th April 2002

P (R on the application of) v Mental Health Review Tribunal for the East Midlands & North East Region, Court of Appeal, 16th April 2002

Cox (R on the application of) v Mental Health Review Tribunal, Administrative Court, 1st February 2002

L (R on the application of) v Mental Health Review Tribunal, Administrative Court, 24th January 2002

Huseyin v Mental Health Review Tribunal & The Secretary of State for Health, Administrative Court, 21st January 2002

DE (a patient) v The Mental Health Review Tribunal and others, Court of Appeal, 13th November 2001

N (R on the application of) v Ashworth Mental Health Review Tribunal, Administrative Court, 21st December 2001

Ashworth Hospital Authority (R on the application of) v Mental Health Review Tribunal for the West Midlands and North West Region. H (R on the application of) v Ashworth Hospital Authority, Administrative Court, 9th November 2001

Secretary of State (R on the application of) v Mental Health Review Tribunal Administrative Court, 29th October 2001

R (On the application of P) v Mental Health Review Tribunal Administrative Court, 26th October 2001

R (on the application of C) v Mental Health Review Tribunal, London South and South West Region, Court of Appeal, 3rd July 2001

R (on the application of H) v Mental Health Review Tribunal, North and East London Region and another, Court of Appeal, 28th March 2001

R (on the application of Epsom & St Helier NHS Trust) v The Mental Health Review Tribunal, Administrative Court, 13th February 2001

R v Mental Health Review Tribunal for North East Thames Region, Queen's Bench Division, 15th December 2000

R (on the application of H) v Mental Health Review Tribunal for the West Midlands and North West Region, Administrative Court, 7th December 2000

R v Mental Health Review Tribunal, London North and East ex p H, Administrative Court, 15th November 2000

R (on the application of H) v Mental Health Review Tribunal, North and East London Region, Queen's Bench Division, 15th September 2000

R v North East Thames Mental Health Review Tribunal, ex parte Fritz Brown, Queen's Bench Division, 13th June 2000

R v Mental Health Review Tribunal London North & East Region, ex parte T, 24th February 2000

R v Mental Health Review Tribunal London North & East Region, ex parte Lawrence, 10th February 2000

R v London South and South West Region Mental Health Review Tribunal ex parte Moyle, Queen's Bench Division, 21st December 1999

R v Anglia and Oxfordshire Mental Health Review Tribunal ex p. Hagan, Court of Appeal, 20th December 1999

R v Mental Health Review Tribunal, Torfaen County Borough Council, Gwent Health Authority, ex parte Russell Hall, Court of Appeal, 30th July 1999

R v Mental Health Review Tribunal and others ex parte Russell Hall, Queen's Bench Division, 23rd April 1999

R v Anglia and Oxford Mental Health Review Tribunal, ex parte Hagan, Queen's Bench Division, 2nd December 1998

R v North Thames Mental Health Review Tribunal, ex parte Trevor Holland, High Court, 15th September 1998

R v Nottingham Mental Health Review Tribunal, ex parte Secretary of State for the Home Department; R v Trent Mental Health Review Tribunal, ex parte same, Court of Appeal, 14th September 1998

R v Mental Health Review Tribunal for the South Thames Region ex parte Smith (Anthony David), Queen's Bench Division, 4th August 1998

R v Secretary of State for the Home Department, ex parte Harry, Queen's Bench Division, 8th April 1998

R v Mental Health Review Tribunal, ex parte Booth, Queen's Bench Division, 22nd September 1997

R v South Thames Mental Health Review Tribunal, ex parte M, Queen's Bench Division, 3rd September 1997

R v Mental Health Review Tribunal ex parte Macdonald, Queen's Bench Division, 28th July 1997

Mental Health Review Tribunal v John Hempstock, Queen's Bench Division, 10th July 1997

R v South West Thames Mental Health Review Tribunal, ex parte Pierre Demetri, Queen's Bench Division, 2nd July 1997

R v Mental Health Review Tribunal for Merseyside, ex parte Patrick Kelly, Queen's Bench Division, 22nd April 1997

R v Oxfordshire Mental Health Review Tribunal, ex parte Warren, Court of Appeal, Civil Division, 21st March 1997

R v Mental Health Review Tribunal for North Thames Region, ex parte Pierce, Queen's Bench Division, 20th May 1996

R v Oxfordshire Mental Health Review Tribunal, ex parte Warren, Queen's Bench Division, 2nd May 1996

Dlodlo v Mental Health Review Tribunal for the South Thames Region and Others, Court of Appeal, 24th April 1996

R v Cannons Park Mental Health Review Tribunal, ex parte Martins, Queen's Bench Division, 7th June 1995

R v Oxford Mental Health Review Tribunal and another, ex parte Smith, Court of Appeal, 25th January 1995

R v Canons Park Mental Health Review Tribunal, ex parte A, Court of Appeal, 16th February 1994

R v Trent Mental Health Review Tribunal, ex parte Ryan, High Court, 4th October 1991

R v North West Thames Mental Health Review Tribunal, ex parte Cooper, Queen's Bench Division, 14th February 1990

Perkins v Bath District Health Authority and Wiltshire County Council, R v Wessex Mental Health Review Tribunal ex parte Wiltshire County Council, Court of Appeal, 19th July 1989

R v Merseyside Mental Health Tribunal, ex parte K, Court of Appeal, 7th June 1989

Campbell and Secretary of State for the Home Department, On appeal from R v Oxford Regional Mental Health Review Tribunal and Ernest Campbell, ex parte Secretary of State for the Home Department), House of Lords, 29th July 1987

R v Mersey Mental Health Review Tribunal, ex parte Dillon, Queen's Bench Division, 19th March 1987

R v Mental Health Review Tribunal, ex parte Secretary of State for the Home Department, Queen's Bench Division, 13th March 1987

R v Oxford Mental Health Review Tribunal, ex parte Mackman, Queen's Bench Division, 22nd May 1986

Secretary of State for the Home Department v Mental Health Review Tribunal for the Mersey Regional Health Authority: (2) Same v Mental Health Review Tribunal for Wales, Queen's Bench Division, 22nd April 1986

R v Mental Health Review Tribunal, ex parte Pickering, Queen's Bench Division, 12th July 1985

R v Mental Health Review Tribunal, ex parte Clatworthy, Queen's Bench Division, 4th March 1985

Bone v Mental Health Review Tribunal, Queen's Bench Division, 14th February 1985


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