Settled cases and forthcoming judgments

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).

• NR's discharge of guardianship application under s23 ignored. Patient assaulted while in care home. £5,000 for unlawful detention, £1,375 for assault and £8,000 legal costs paid. See Former soldier held against will in care home 'treated like dissident in Stalin's Russia', Daily Telegraph, 18/12/08

• Damages for negligent dosage of Lamotrigine. Patient settled negligence claim for £450,000 (including £60,000 general damages) with liberty to apply for future damages. See Alexandra Johnstone, 'Damages for Negligent dosage of Lamotrigine', RadcliffesLeBrasseur MH Law Briefing 160, December 2010

• 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

Re HH (needle phobia etc, Pauffley J)

• 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)

• Christopher Williams, 'Nominet rocked by disability discrimination ruling' (16/8/12)

• That.co.uk website, 'Nominet files' (19/10/12). This document contains extracts from the tribunal judgment

Re AWA (do not resuscitate)

• 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)

• 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)

• Jerome Taylor, 'Judge scrutinises ill man's removal from foster home' (Independent, 21/10/11)
• Sarah Cassidy, 'Foster parents told to stay away from "autistic" man' (Independent, 11/2/12)

Liam Brunskill (DOL/best interests)

• Stephen Lewis, 'Autistic teenager Liam Brunskill in adult care wrangle' (York Press, 10/8/11). According to the article, City of York Council plans to refer this residence case to the Court of Protection

• Stephen Lewis, 'Liam Brunskill’s family ready to move to fund court hearing' (York Press, 17/8/11). According to the article, a COP hearing was due to be heard 'within the next 28 days' at Leeds Civil Justice Centre.

Re SJ (Deprivation of liberty, Ryder J)

• Amelia Hill, 'Court of Protection case to be reported in real time after landmark legal ruling' (Guardian, 8/8/11). Deprivation of liberty case.

• Anna Raccoon blog, 'Another One Bites The Dust in the Court of Protection' (12/8/11)

Re P (Cancer treatment, Baron J)

• Daily Mail, 'Judge gives go-ahead for medics to sedate and restrain woman with hospital phobia who needs cancer treatment' (8/7/11). 'A High Court judge has given medics permission to sedate and restrain a mentally-ill woman who has a phobia about hospitals but needs treatment for bladder cancer.' (quotation from article)

• Press Association, 'Judge backs phobia woman treatment' (8/7/11)

Re P (Persistent vegetative state, Charles J)

• Nursing Times, 'Life support woman allowed to die' (27/7/11)

Re L (Palliative care, Peter Jackson J)

• Press Association, 'Judge rules to move disabled woman' (29/6/11). The court approved a palliative care plan involving a move from hospital to a hospice.

Re P (Sterilisation, Sir Nicholas Wall)

• Daily Mail, 'Mother withdraws bid to sterilise 21-year-old daughter with significant learning difficulties' (21/4/11), Jerome Taylor, 'Court to rule on sterilisation of pregnant woman' (Independent, 14/2/11), Tim Ross, 'Woman with learning difficulties could be forcibly sterilised' (Telegraph 14/2/11). These articles relate to an application by a mother for the sterilisation of her daughter during a caesarian section operation: according to the articles, at a preliminary hearing in February 2011 the case was adjourned for expert evidence, but by April 2011 the daughter had given birth and the mother had withdrawn her application.
• Press Association, 'Mother sterilisation bid withdrawn' (20/4/11)

Re S (Kidney dialysis, Parker J)

• Stephen Adams, 'Kidney failure patient forced to have dialysis' (Telegraph, 29/5/12)

2013

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.

Re P (Testicular cancer)

• Victoria Ward, 'Judge to rule if man can refuse help for cancer' (Telegraph, 20/5/13)

Re Daphne Jeffery (testamentary capacity)

• 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