Settled cases and forthcoming judgments: Difference between revisions

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Feel free to add to this page (see [[Help page]]). See the main [[Mental health case law]] page for the cases which have a transcript or summary.
==Settled cases==
==Settled cases==
*Section 2 papers left on ward and not received by MHA administrator until 9 days into section. Settled for £1000 after letter before claim (2005).
*Section 2 papers left on ward and not received by MHA administrator until 9 days into section. Settled for £1000 after letter before claim (2005).
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==Forthcoming judgments==
==Forthcoming judgments==
See also [[Mental health law in the media]]
See also [[Mental health law in the media]]
===Re HH (needle phobia etc, Pauffley J)===
*[http://www.independent.co.uk/life-style/health-and-families/health-news/nhs-trust-wins-intervention-ruling-over-mans-lifeprolonging-treatment-8026642.html Cathy Gordon, 'NHS trust wins intervention ruling over man's life-prolonging treatment' (9/8/12)]. The judge decided that '[i]t would be not only inappropriate, it would be distressing for him to be subjected to any aggressive forms of treatment of a kind that may result in some short prolongation of what has to be seen as a distressing life.'
===Emily Taylor (Nominet)===
*[http://www.telegraph.co.uk/technology/news/9478319/Nominet-rocked-by-disability-discrimination-ruling.html Christopher Williams, 'Nominet rocked by disability discrimination ruling' (16/8/12)]
*[http://www.that.co.uk/nominet-members/nominet-files.html That.co.uk website, 'Nominet files' (19/10/12)]. This document contains extracts from the tribunal judgment
===Re AWA (do not resuscitate)===
*[http://www.bbc.co.uk/news/health-19570364 Jane Dreaper, 'Down's syndrome patient challenges resuscitation order' (BBC, 13/9/12)]. The basis of the claim is that a do-not-resuscitate order was placed on the patient's file (on account of 'Down's syndrome, unable to swallow (Peg [percutaneous endoscopic gastrostomy] fed), bed bound, learning difficulties') without consulting or informing him or his family and without provision for review.
===Re L (minimally-conscious state, Moylan J)===
*[http://www.independent.co.uk/news/uk/home-news/family-devastated-as-court-orders-life-saving-treatment-is-to-be-withheld-if-the-condition-of-their-severely-ill-father-deteriorates-significantly-8202794.html Terri Judd, 'Family "devastated" as court orders life saving treatment is to be withheld if the condition of their severely ill father deteriorates significantly' (Independent, 8/10/12)]. Although L was in a minimally-conscious state rather than a vegetative state (as originally asserted by the Trust), Moylan J held that it would be in L's best interests to withhold life saving treatment if his condition deteriorated significantly.
===Re GR (deprivation of liberty, Hedley J)===
*[http://www.independent.co.uk/news/uk/home-news/judge-scrutinises-ill-mans-removal-from-foster-home-2373591.html Jerome Taylor, 'Judge scrutinises ill man's removal from foster home' (Independent, 21/10/11)]
*[http://www.independent.co.uk/news/uk/home-news/foster-parents-told-to-stay-away-from-autistic-man-6720002.html Sarah Cassidy, 'Foster parents told to stay away from "autistic" man' (Independent, 11/2/12)]


===Liam Brunskill (DOL/best interests)===
===Liam Brunskill (DOL/best interests)===
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*[http://www.annaraccoon.com/politics/court-of-protection-another-one-bites-the-dust/ Anna Raccoon blog, 'Another One Bites The Dust in the Court of Protection' (12/8/11)]
*[http://www.annaraccoon.com/politics/court-of-protection-another-one-bites-the-dust/ Anna Raccoon blog, 'Another One Bites The Dust in the Court of Protection' (12/8/11)]
===Re M (Minimally-conscious state, Baker J)===
Application to Court of Protection for cessation of artificial nutrition and hydration of patient in minimally conscious state (as opposed to persistent vegetative state). Judgment in this case has been handed down: [[Re M; W v M (2011) EWHC 2443 (Fam)]].


===Re P (Cancer treatment, Baron J)===
===Re P (Cancer treatment, Baron J)===
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*[http://www.pressassociation.com/component/pafeeds/2011/04/20/mother_sterilisation_bid_withdrawn Press Association, 'Mother sterilisation bid withdrawn' (20/4/11)]
*[http://www.pressassociation.com/component/pafeeds/2011/04/20/mother_sterilisation_bid_withdrawn Press Association, 'Mother sterilisation bid withdrawn' (20/4/11)]


===Re S (Kidney dialysis, Parker J)===
===Cheshire (Article 5)===
*[http://www.telegraph.co.uk/health/healthnews/9298215/Kidney-failure-patient-forced-to-have-dialysis.html Stephen Adams, 'Kidney failure patient forced to have dialysis' (Telegraph, 29/5/12)]
'...clarification of the application of Article 5(1) ECHR to those in care homes who are subject to restraint for their own protection, the Court of Appeal having granted permission to the applicant local authority to appeal the decision of Baker J in [[Cheshire West and Chester Council v P (2011) EWHC 1330 (COP)]], the hearing taking place in late September.' (source: [[:File:CoP newsletter August 2011.pdf|39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011)]])
 
===Re RK (Article 5)===
'...clarification of the application of Article 5(1) ECHR to those between 16 and 18, the Court of Appeal hearing the Official Solicitor’s appeal against the decision of Mostyn J in [[Re RK; YB v BCC (2010) EWHC 3355 (COP)]]' (source: [[:File:CoP newsletter August 2011.pdf|39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011)]])
 
===MIG and MEG (Article 5)===
'...possible further consideration of [[Re P and Q; P and Q v Surrey County Council; sub nom Re MIG and MEG (2011) EWCA Civ 190|MIG and MEG]] by the Supreme Court' (source: [[:File:CoP newsletter August 2011.pdf|39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011)]])
 
===Re P (bodily samples)===
'...clarification from the President of the circumstances under which bodily samples (including DNA) may be taken from P for purposes of determining the parentage of any person, judgment on an application raising this point being expected in late September/early October'  (source: [[:File:CoP newsletter August 2011.pdf|39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011)]])


===2013===
===Re P (MHA)===
Starting from 2013, cases only reported in the press will be given their own case pages (e.g. [[Re P (abortion) (2013) MHLO 1 (COP)]]). When the transcript, parties' names, and neutral citation become available, the page title will be changed accordingly. Cases that haven't been decided will still be listed here.
'...clarification by the Divisional Court of the circumstances in which (and the powers under which) hospitals may detain those without the relevant capacity pending the making of applications for their admission under the Mental Health Act 1983, judgment on this point being expected in early October' (source: [[:File:CoP newsletter August 2011.pdf|39 Essex Street, 'Court of Protection Newsletter' (issue 12, August 2011)]])


===Re P (Testicular cancer)===
*[http://www.telegraph.co.uk/health/healthnews/10069905/Judge-to-rule-if-man-can-refuse-help-for-cancer.html Victoria Ward, 'Judge to rule if man can refuse help for cancer' (Telegraph, 20/5/13)]


===Re Daphne Jeffery (testamentary capacity)===
*[http://www.telegraph.co.uk/news/uknews/law-and-order/10146054/Elderly-mothers-trip-to-Wimbledon-womens-final-at-heart-of-sons-inheritance-dispute.html Sam Marsden, 'Elderly mother's trip to Wimbledon women's final at heart of sons' inheritance dispute' (Telegraph, 27/6/13)]†


===Judgments now available===
The following are cases which previously appeared in this 'forthcoming judgments' section:


*Re P (MHA): [[R (Sessay) v South London and Maudsley NHS Foundation Trust (2011) EWHC 2617 (QB)]]
*Re P (bodily samples): [[LG v DK (2011) EWHC 2453 (COP)]]
*Re MIG and MEG (Article 5): [[Re P and Q; P and Q v Surrey County Council; sub nom Re MIG and MEG (2011) EWCA Civ 190]]
*Re RK (Article 5): [[Re RK; RK v BCC (2011) EWCA Civ 1305]]
*Cheshire (Article 5): [[Cheshire West and Chester Council v P (2011) EWCA Civ 1257]]
*Re M (Minimally-conscious state, Baker J): [[Re M; W v M (2011) EWHC 2443 (Fam)]]
*Re XB (advance decision, Theis J): [[X Primary Care Trust v XB (2012) EWHC 1390 (Fam), (2012) MHLO 54]]


[[Category:Mental health case law]]
[[Category:Mental health case law]]

Revision as of 22:15, 22 April 2014

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

Settled cases

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

Forthcoming judgments

See also Mental health law in the media

Liam Brunskill (DOL/best interests)

Re SJ (Deprivation of liberty, Ryder J)

Re M (Minimally-conscious state, Baker J)

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

Re P (Cancer treatment, Baron J)

Re P (Persistent vegetative state, Charles J)

Re L (Palliative care, Peter Jackson J)

Re P (Sterilisation, Sir Nicholas Wall)

Cheshire (Article 5)

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

Re RK (Article 5)

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

MIG and MEG (Article 5)

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

Re P (bodily samples)

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

Re P (MHA)

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