Category:No summary
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| Page and summary | Date added to site | Categories |
|---|---|---|
| R (Adegun) v SSHD [2019] EWHC 22 (Admin) —
Damages for unlawful immigration detention "There are two bases of challenge to Mr Adegun's detention which, in broad outline, are as follows. ... There is first an issue, which I shall call the "rule 34 issue", as to whether Mr Adegun declined a medical examination pursuant to rule 34 of the Detention Centre Rules when he was taken into detention. ... The second issue I shall call the "paragraph 55.10 issue". It arises because there is evidence, not disputed by the Secretary of State, that Mr Adegun was suffering from a mental health condition which was not recognised by the Home Office until some time after his admission into detention and was not treated with medication until 19 January 2016. ... I therefore propose to award nominal damages in respect of the early period of Mr Adegun's detention and substantial damages in respect of 40 days' detention."
<div class="medium-4 columns ..→ | 2019-01-12 | 2019 cases, Cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Repatriation cases, Transcript |
| EXB v FDZ [2018] EWHC 3456 (QB) —
"This case came before me on 23 April 2018 for the purpose of considering whether to approve the proposed settlement of a personal injuries action reached between the Claimant's Litigation Friend (his mother) and the Third and Fourth Defendants. The settlement required the approval of the court pursuant to CPR Part 21.10 because the Claimant was (and remains) a protected party. I gave my approval to the settlement. [I]t was thought by those who knew him best ... that it would be in the Claimant's best interests not to be told the amount at which the settlement had been achieved. ... The primary question, however, is whether I can conclude, on the balance of probabilities, that the Claimant cannot make for himself the decision about whether he should be told the value of the award. As Ms Butler-Cole says, this is difficult in the present case because 'by definition, the Claimant cannot be presented with the information relevant to the ..→ | 2018-12-14 | 2018 cases, Cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 47 —
"The court is concerned in this application with the circumstances of RD. She is 14½ years old. She is currently the subject of an application for a care order under Part IV Children Act 1989, and is in the interim care of Northumberland County Council. ... RD has been placed by the Local Authority at a residential placement in Scotland, which I shall call Lennox House. ... The issue for my determination is whether the regime which applies to RD at Lennox House deprives her of her liberty in such a way as to engage her Article 5 ECHR rights. ... The implications of my determination are not insignificant. If I were to find as a fact that RD is deprived of her liberty in Article 5 terms, I would feel obliged to adjourn the Part IV proceedings, and would propose that the Local Authority present a petition to the nobile officium of the Court of Session seeking authorisation of that Court for RD's deprivation of liberty ... If I find that ..→ | 2018-11-29 | 2018 cases, Cases, Deprivation of liberty, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| R (Western Health and Social Care Trust) v Secretary of State for Health [2018] NIQB 67 —
Funding dispute "The impugned determination is that of the [Secretary of State for Health of England and Wales] to the effect that a lady whom I shall describe as CM (aged 32 years) is 'ordinarily resident' in Northern Ireland and has been thus since 2009, with the result that the care management and funding responsibilities for her have fallen on the Trust, rather than [the London Borough of Enfield], since that date. In very brief compass, lying at the heart of this challenge is a funding dispute between the Trust and Enfield."
| 2018-11-23 | 2018 cases, Cases, Community care, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Gill v Woodall [2009] EWHC B34 (Ch) — "The Claimant disputes the validity of Mrs Gill's will on two grounds. They are: (1) At the time Mrs Gill executed the will she did not know and approve its contents; (2) Mrs Gill executed the will as a result of coercion or pressure exerted by Mr Gill such as to overcome Mrs Gill's volition with the consequence the will was not the result of the free volition of Mrs Gill." | 2018-10-23 | 2009 cases, Judgment available on Bailii, No summary, Testamentary capacity cases, Transcript |
| Mazhar v Lord Chancellor [2017] EWHC 2536 (Fam) —
Inherent jurisdiction "This is a claim brought under sections 6, 7(1)(a), 8(1) and 9(1)(c) of the Human Rights Act 1998 against the Lord Chancellor in respect of a judicial act. The act in question is an order made by a High Court judge, Mr Justice Mostyn, who was the Family Division out of hours applications judge on the late evening of Friday, 22 April 2016. The order was made on the application of Birmingham Community Healthcare NHS Foundation Trust. It was an urgent, without notice, out of hours application made in respect of the claimant, Mr Aamir Mazhar. ... Mr Mazhar seeks to argue that the inherent jurisdiction cannot be used to detain a person who is not of unsound mind for the purposes of article 5(1)(e) of the Convention and that a vulnerable person's alleged incapacity as a result of duress or undue influence is not a basis to make orders in that jurisdiction that are other than facilitative of the person ..→ | 2018-05-22 | 2017 cases, Cases, ICLR summary, Inherent jurisdiction cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| 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 | 2000 cases, After-care, Judgment available on MHLO, Judgment missing from Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| R v Press Complaints Commission, ex parte Ian Stewart-Brady [1996] EWCA Civ 986 — "This is a renewed application for leave to apply for judicial review in relation to an adjudication of the Press Complaints Commission. ... The application arises out of a publication in The Sun newspaper on 26 July 1995. The publication contained an article relating to the applicant, Ian Brady, who was convicted of murder and is now a patient at the Ashworth Hospital. The effect of the article was that he was being treated in a way which was wholly inappropriate having regard to the very serious crimes which he had committed. No complaint, however, is made about the article. Although Mr Beloff certainly does not approve of its contents, he accepts that he cannot say that there was any justification for complaining about the article. His complaint is that the article has alongside it a substantial photograph of the applicant, albeit a photograph which is indistinct and does not show Mr Brady clearly. ... Looking at the matter as a whole, I do not think there is any prospect of this ..→ | 2018-04-27 | 1996 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re SW (No 2) [2017] EWCOP 30 —
Vexatious COP application "This is another utterly misconceived application by a son (the son) in relation to his mother, SW. ... The son's application as it was presented to the District Judge was, in my judgment, totally without merit, misconceived and vexatious. His application under Rule 89 is equally devoid of merit. It must be dismissed, with the consequence that the District Judge's order striking out the original application remains in place."
| 2018-03-19 | 2017 cases, Cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Bunting v W [2005] EWHC 1274 (Ch) — "By the Application the Receiver seeks an order against the Respondent, to whom I shall refer as ("Mr W") that the accounts he delivered in his capacity as Receiver of M for the year ending 21st April 1994 and thereafter annually until year ending 21st April 2002 be re-opened or set aside. The application further seeks an order that Mr W deliver fresh accounts verified by affidavit, identifying (amongst other matters) the funds or assets of M used directly or indirectly for the personal benefit of Mr W or his family; that the Receiver be given permission to raise objections and further inquiries as to whether or not Mr W is to be entitled to charge remuneration for the services of himself and his wife in caring for or attending on M and an order that he should pay into the Court of Protection such sums as may be found due on taking the accounts and inquiries. In the event that there is a jurisdictional impediment to an order for payment into court the Receiver seeks an order ..→ | 2017-11-26 | 2005 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| BA v SSHD [2017] UKAITUR IA343212013 —
Article 3 immigration case "The Appellant is a citizen of Nigeria born on 26th February 1980. His appeal against a refusal to vary leave was allowed by First-tier Tribunal Judge Abebrese on Article 8 grounds on 23 rd May 2016. ... The Appellant sought permission to appeal against the Article 3 findings only ... On the basis of the factual findings, the opinion in the Amnesty International Report and the opinion of Dr Bell, the Appellant is likely to suffer a breakdown at some point on return to Nigeria whether that be at the airport or some time later. He is likely to come to the attention of the police if he has such a breakdown and he would not be able to access the psychiatric hospital in Lagos because he is unable to afford treatment there. Accordingly, it is likely that he would be held in prison where the conditions for this particular Appellant with his particular condition would result in treatment in breach of Article ..→ | 2017-07-11 | 2017 cases, Cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Repatriation cases, Transcript |
| R v GA [2014] EWCA Crim 299, [2014] MHLO 148 — "Section 1(2) of the Mental Capacity Act 2005 provides that 'A person must be assumed to have capacity unless it is established that he lacks capacity'. When capacity to consent is in issue in criminal proceedings, the burden of proving incapacity falls upon the party asserting it and will inevitably be the prosecution. We consider that, other than in criminal proceedings pursuant to section 44 of the Mental Capacity Act, the prosecution must discharge that burden to the criminal standard of proof; that is, they must make the jury sure that the complainant did not have capacity to consent. If the jury cannot be sure that the relevant complainant lacks capacity, then they must be directed to assume that he or she does. The issue for them then will be an examination of all the facts and circumstances to determine whether or not the complainant consented to the act or acts in question and whether the alleged assailant knew they did not consent or did not believe that ..→ | 2016-12-29 | 2014 cases, Criminal law capacity cases, ICLR summary, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| JMCA v The Belfast Health and Social Care Trust [2014] NICA 37, [2014] MHLO 147 — "Treacy J held that the supervision of this appellant was with legal authority and lawful and that the 1986 Order did authorise the guardian to take the impugned measures in the circumstances of this case. Subsequent to his decision the Supreme Court examined the concepts of deprivation of liberty and restriction of liberty in the case of patients suffering from mental health difficulties in Cheshire West and Chester Council v P [2014] UKSC 19. It is unnecessary for us to set out the facts or reasoning in that decision. It is, however, now accepted by the Trust that the guardianship order did not provide any mechanism for the imposition of any restriction on the entitlement of the appellant to leave the home at which he was residing for incidental social or other purposes. ... Mr Potter on behalf of the appellant in this case recognised that this left a lacuna in the law. That gap had been filled by Schedule 7 of the Mental Health Act 2007 in England and Wales which introduced ..→ | 2016-11-29 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Northern Irish cases, Transcript |
| Miles v The Public Guardian [2015] EWHC 2960 (Ch), [2015] MHLO 139 — "I have before me two appeals from decisions of Senior Judge Lush sitting in the Court of Protection, one in a case called Re Miles and one in a case called Re Beattie in both of which he was concerned with lasting powers of attorney either for property and financial affairs or for health and welfare matters. In each case the former power of attorney had been drafted by the same solicitor and contained provisions which the Judge was asked to rule on, as to whether they were effective." | 2016-10-07 | 2015 cases, Judgment available on Bailii, LPA cases - substitute attorneys, No summary, Transcript |
| PJV v Assistant Director Adult Social Care Newcastle City Council [2015] EWCOP 87, [2015] MHLO 138 — "The appeal before me ... relates to the part, if any, that the Court of Protection must play in the finalisation of an award of compensation under the relevant scheme that the Second Respondent (CICA) has decided and the applicant has agreed is to be held on trust." | 2016-08-29 | 2015 cases, ICLR summary, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Lucia Benyu v Solicitors Regulation Authority [2015] EWHC 4085 (Admin), [2015] MHLO 137 — "This is the adjourned hearing of the Appellant's appeal brought pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal ('SDT') dated 3/10/14, striking the Appellant off the Roll of Solicitors and ordering her to pay costs in the sum of £48,000. The decision followed a full three day hearing at which the Appellant was represented by experienced counsel, although she has indicated that she has now made a complaint against that counsel. The SDT found the Appellant to have been dishonest to the criminal standard. But it went on to say that the seriousness of her misconduct was such that it would have struck her off even if it had not made such a finding. ... The Appellant acted in person at the substantive appeal hearing. She has not attended for the hand down of this judgment, although she is fully on notice of it. She invites the court to the set aside the SDT's order; or, alternatively, to strike her off with no dishonesty ..→ | 2016-08-27 | 2015 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Pages using DynamicPageList3 parser function, SRA decisions, Transcript |
| A Local Authority v M [2015] EWCOP 69, [2015] MHLO 135 — This judgment dealt with various issues including deputyship, deprivation of liberty, and disclosure. | 2016-02-08 | 2015 cases, Deprivation of liberty, Deputyship cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Re M (Costs): A Local Authority v M [2015] EWCOP 45, [2015] MHLO 134 — Court of Protection costs judgment. | 2016-02-08 | 2015 cases, COP costs cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Somerset v MK [2015] EWCOP B1, [2015] MHLO 131 — "In the light of all of this it seems to me that this is plainly a case where the usual order for costs should be departed from to the extent that the Local Authority should pay the costs of all of the other parties involved. The other matter that I should deal with is whether those payments should be on an indemnity basis. ... I am very conscious of the impact of such an order. However, in that same case of G v E [2010] EWHC 3385 (Fam) Mr Justice Baker considered that the local authority's conduct amounted to 'a significant degree of unreasonableness' giving rise to a liability for costs on an indemnity basis. If one reads my judgment in full it is clear that that there was in this case as well a significant degree of unreasonableness both in the Local Authority's approach to the substantive and procedural issues in the case. In those circumstances it seems to me that the argument for indemnity costs is an overwhelming one in this case and that is the order that I intend to make ..→ | 2015-12-22 | 2015 cases, COP costs cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Somerset v MK [2014] EWCOP B25, [2014] MHLO 146 — "What I intend to do in it is to set out the history of the case and then of the litigation. Then I will deal with the factual issues upon which I have been asked by the local authority to make findings. I will then deal with the central issue in the case, that of where in her best interests should (P), the subject of this application, live. Next I will consider the conduct of the local authority and make findings on the issues as to whether P had been wrongly deprived of her liberty and, if she had, how long did that go on for; and finally what, if any, lessons can be learned from this case. ... These findings illustrate a blatant disregard of the process of the MCA and a failure to respect the rights of both P and her family under the ECHR. In fact it seems to me that it is worse than that, because here the workers on the ground did not just disregard the process of the MCA they did not know what the process was and no one higher up the structure seems to have advised them ..→ | 2015-12-22 | 2014 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re CMW: Public Guardian v AM [2015] EWCOP 86, [2015] MHLO 130 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and affairs. ... I am satisfied that Carla lacks capacity to revoke the LPA herself. ... I am also satisfied that the respondent has behaved in a way that contravenes his authority and is not in the donor's best interests. He has broken virtually every rule in the book and, having exhausted his mother's funds in order to meet his "life's requirements at that time", he blithely expects the taxpayers of Surrey to pick up the tab to meet his mother's care needs now. I have no hesitation in revoking the LPA and directing the Public Guardian to cancel its registration. I shall make a separate order appointing Michael Stirton as Carla's deputy for property and affairs." | 2015-12-22 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re WP (deceased) and EP [2015] EWCOP 84, [2015] MHLO 129 — "This is an application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors' funds. ... This application is a composite claim for the payment of an allowance of £150 per month to each attorney in respect of three distinct heads of claim, and I shall deal with these heads of claim in the following order: (1) travelling expenses; (2) remuneration for acting as attorneys; and (3) a 'gratuitous' care allowance. I would prefer not to be cornered into approving any particular mileage rate. If the Public Guardian wishes to give guidance on such matters, that's up to him. What I shall say is simply by way of general observation. ... In my judgment, the business mileage rates quoted by HMRC [45 pence for every business mile for the first 10,000 miles and 25 pence for every business mile thereafter] should be substantially discounted ..→ | 2015-12-22 | 2015 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re JW [2015] EWCOP 82, [2015] MHLO 126 — "This began as an application by a family member to be appointed as a joint deputy for property and affairs with the existing deputy, East Sussex County Council. When it became apparent that the Council was unwilling to act jointly with him, the applicant revised his application and asked the court to remove the Council as deputy and to appoint him in its place. ... I propose to allow Geoffrey's revised application and shall appoint him as Joan's deputy in place of East Sussex County Council. My main reason for appointing him is that I think it would be sensible to repair and renovate the house in Hailsham that Joan inherited from her daughter Daphne so that it can be sold to best advantage, and I am prepared to give it a try. ... Zena Boniface concluded her witness statement by saying that: 'ESCC feel that it would be a conflict of interest for Geoffrey to be appointed deputy, as he stands to make a financial gain from the cost of the building works to his late sister's property and ..→ | 2015-12-22 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re AS [2015] EWCOP 79, [2015] MHLO 124 — "This is YB's application to be appointed as AS's deputy for property and affairs in place of the existing deputy, the London Borough of Islington. ... I have decided to maintain the status quo and to dismiss this application." | 2015-12-22 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re AG [2015] EWCOP 78, [2015] MHLO 123 — "This is an appeal from an order of His Honour Judge Rogers, sitting as a nominated judge of the Court of Protection. Judge Rogers was considering the appropriate welfare arrangements for AG, a young woman born in October 1985. ... DG's grounds of appeal dated 22 September 2013 identify four grounds of appeal. It is said that Judge Rogers: (a) erred in not conducting an adequate assessment of AG's capacity; (b) failed to make findings of fact in relation to the events in 2011 that had triggered the proceedings; (c) made a decision as to where AG should live which by September 2013 was a fait accompli; and (d) acted in breach of Article 8 in directing that DG's contact with AG should be, as it is put, 'heavily' supervised. It is apparent from her counsel's very helpful skeleton arguments ... that the major thrust of DG's case relates to ground (b). ... For these reasons each of DG's grounds of appeal fails. ... Ms Khalique submits, and I am inclined to agree, that the local authority ..→ | 2015-12-22 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re HNL: ATL v Public Guardian [2015] EWCOP 77, [2015] MHLO 122 — "This is an application regarding the payment of a gratuitous care allowance. To describe the allowance as 'gratuitous' is slightly incongruous, as it is a payment towards the cost of maintenance of a close relative, who provides care and case management services to someone who is severely incapacitated because of an impairment of, or a disturbance in the functioning of, the mind or brain. ... The Public Guardian is currently reviewing all gratuitous care allowances paid by deputies to family members, particularly in cases where the person to whom the proceedings relate has been awarded damages for clinical negligence or personal injury. Because the number of families who are receiving allowances of this kind and are affected by the Public Guardian's review runs into thousands, I have concluded that it would be in the public interest to publish this judgment. ... Having regard to all the circumstances, therefore, I am satisfied that it is in Helen's best interests for Adrian to ..→ | 2015-12-22 | 2015 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Surrey And Sussex Healthcare NHS Trust v Ms AB [2015] EWCOP 50, [2015] MHLO 121 — "This is an application by the Surrey and Sussex Healthcare NHS Trust for the court to give permission for the respondent, Ms AB, undergoing an above the knee amputation of her left leg. ... On the basis of the agreed psychiatric evidence, which I accepted, I was satisfied that Ms AB lacks the capacity to make a decision about her medical treatment and surgery. ... I am completely satisfied that, very sadly, the only best interests decision I can make is to give permission for the above knee amputation of Ms AB's left leg to be undertaken. I approve the use of reasonable restraint before, during and subsequent to surgery as is necessary to safeguard and protect her, including sedation. Further, I authorise the deprivation of her liberty insofar as it is necessary to perform the procedure." | 2015-12-22 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re FT [2015] EWCOP 49, [2015] MHLO 120 — "This is an application for reconsideration of an order made by an authorised court officer appointing two of FT's daughters as his deputies for property and affairs. ... In my judgment, the factor of magnetic importance in this case is that FT named MA and PB to be the executors of his last will ... Accordingly, pursuant to rule 89(5), I affirm the order made on 2 September 2014 appointing the respondents [MA and PB] jointly and severally to act as FT's deputies for property and affairs. ... Costs ... I am singularly unimpressed with the applicants' conduct. Having made the application, they failed to follow it through. ... This is a case in which a departure from the general rule is justified. ... [T]he fact that [DC's] husband is in receipt of ESA and that she has claimed an exemption from the fees, doesn't grant her immunity from an order for costs being made against her. I intend to make an order that the costs are to be assessed on the standard basis and paid by DC, ST and TT in ..→ | 2015-12-22 | 2015 cases, COP costs cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Health Service Executive of Ireland v CNWL [2015] EWCOP 48, [2015] MHLO 119 — "Must an adult who is the subject of an application under Schedule 3 to the Mental Capacity Act 2005 to recognise and enforce an order of a foreign court that deprives the adult of his or her liberty be joined as a party to the application?" | 2015-12-21 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Ross v A [2015] EWCOP 46, [2015] MHLO 118 — "This is an application by a professional deputy for an order authorising him to apply approximately £17,000 a year from A's damages award towards the payment of her brother's school fees. ... In my judgment, it is in A's best interests for the court to authorise the deputy to pay B's school fees (past, present and future) from her funds ... This judgment is tailored to A's circumstances and should not be construed as an imprimatur for the payment of siblings' school fees from damages awards in other cases." | 2015-12-21 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Dorset County Council v PL [2015] EWCOP 44, [2015] MHLO 117 — "The Applicant council seeks declarations that: (a) it is in PL’s best interests to move to ‘OL’, a care home in Lincolnshire, after a period of transition; and (b) it is in PL’s best interests to have restricted and supervised contact with his mother AL at an off-site location. ... The issues for the court to determine were where PL should live, more particularly OL or CC and with whom he should have contact, again more particularly whether contact with AL should be restricted and supervised and take place at an off-site location." | 2015-12-21 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| GN v Newland [2015] EWCOP 43, [2015] MHLO 116 — "This is an application for reconsideration of an order made on the papers by an authorised court officer ('ACO'). An ACO is not a judge of the Court of Protection, but a civil servant, who, in most cases, has considerable experience of the court's practice and procedure and is authorised to make a number of specified decisions on the non-contentious property and affairs side of the court's business. Over 90% of the applications to the court involve non-contentious property and financial matters, and can potentially be dealt with by an ACO. ... I dismiss GN's application to be appointed as his mother's deputy for three reasons. First, he is the bane of her life and she wants nothing to do with him. Secondly, he would be unable to act fairly and competently on her behalf because he has an interest in her property, which is adverse to hers, and on which he is unwilling to enter into any compromise. And thirdly, I am satisfied that, having regard to all the relevant circumstances, Julia ..→ | 2015-12-21 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| St George's Healthcare NHS Trust v P and Q [2015] EWCOP 42, [2015] MHLO 115 — "On 20 January 2015 the Health Trust responsible for his care made an application seeking declarations in this very serious medical case. They seek declarations: (i) That he lacks capacity (this is uncontentious); (ii) That it is not in his best interests to receive cardio pulmonary resuscitation (CPR) in the event of cardiac arrest (this is also now uncontentious); and (iii) As to whether it is lawful to continue to provide renal replacement therapy (RRT), the Trust wish to discontinue life sustaining treatment with the inexorable and inevitable consequence that as a result P would quickly die. ... There is almost nothing to rebut the very strong presumption that it is in P's best interests to stay alive. I order and direct that the renal replacement therapy should continue. ... The application was launched, it might be thought, somewhat precipitously, before any SMART testing had been undertaken. ... Therefore in all cases where there is any question of doubt about diagnosis, in ..→ | 2015-12-21 | 2015 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Re OL [2015] EWCOP 41, [2015] MHLO 114 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs because the attorneys have used their power carelessly and irresponsibly. I am satisfied that the attorneys have behaved in a way that contravenes their authority or is not in the donor's best interests. ... Their failure to keep accounts of the transactions carried out on the donor's behalf or to produce any record of her income and expenditure would alone be sufficient to warrant the revocation of their appointment. However, in this case both attorneys, and in particular DA, have compounded their culpability by taking colossal advantage of their position and obtaining personal benefits far in excess of the limited power that attorneys have to make gifts of the donor's property under section 12 of the Mental Capacity Act. DA has also failed to keep the donor's money and property interests separate from her own interests in respect of the ..→ | 2015-12-21 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| London Borough of Southwark v P [2015] EWCOP 40, [2015] MHLO 113 — "This is an application made both in the Court of Protection and for a Forced Marriage Protection order in the High Court (Family Division). ... I am of the view that the quickest way to deal with this is for me to list the matter for a further one day hearing shortly after the date on which the capacity report is completed. ... I consider that the existing orders should be discharged on the basis of an undertaking by the parents, R and A, that they are not to facilitate, allow or otherwise permit P to undergo any ceremony or purported ceremony of marriage, civil partnership, betrothal or engagement; or from entering into any arrangement in relation to the engagement or matrimony, whether by civil or religious ceremony, of P whether within English jurisdiction or outside it. They are also to undertake not to instruct, encourage or suggest to any other person to do so. They are to undertake not to take him to Bangladesh prior to the next hearing. On that basis I will discharge the ..→ | 2015-12-21 | 2015 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| Bournemouth Borough Council v PS [2015] EWCOP 39, [2015] MHLO 112 — "In this case I have to decide (i) whether the package of care provided to BS ('Ben') is in his best interests; (ii) whether that package amounts to a deprivation of liberty within the terms of Article 5 of the European Convention on Human Rights 1950; and (iii) what contact Ben should have to his mother, the first respondent. ... In the circumstances, in what I suppose will be one of the last orders of its kind to be made, I directed that Ben be discharged as a party. I was wholly satisfied that his voice has been fully heard through the IMCA Katie Turner. Further, in relation to the question of deprivation of liberty, all relevant submissions have been fully put on both sides of the argument by counsel for the applicant and the first respondent. There was no dispute between the applicant and the first respondent concerning issues (i) and (iii). The argument was centrally about the question of deprivation of liberty. ... I cannot say that I know that Ben is being detained by the ..→ | 2015-12-21 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re P [2015] EWCOP 37, [2015] MHLO 111 — "This is an application by the Public Guardian for an order revoking an Enduring Power of Attorney ('EPA') on the grounds that, having regard to all the circumstances, H is unsuitable to be his wife's attorney. ... Therefore, having regard to all the circumstances, I am satisfied that H is unsuitable to be P's attorney and I shall by order revoke the EPA. I shall also make a separate order appointing S and D jointly and severally to be P's deputies for property and affairs." | 2015-12-21 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re X [2015] EWCOP 36, [2015] MHLO 110 — "These proceedings are concerned with X, a young man of 25 who currently lives in a care home. They began as an application by his mother, AY (who is his appointed welfare deputy and has acted throughout without the benefit of legal representation), in respect of his prescribed medication. X was subsequently detained under the Mental Health Act and the issues before the Court were redefined to address AY's concerns as to X's physical health (in particular, the condition of his bowels) and whether the treatment she supported, in the form of dietary exclusion and supplements, fell within the powers of the Mental Health Act or the authority of her deputyship. In the course of proceedings, X has been discharged from detention under the Mental Health Act and the parties have been able to agree a community placement for him, where he is now settled. The issues which remain for the determination of the Court relate to his best interests in relation to diet and whether the welfare deputyship ..→ | 2015-12-21 | 2015 cases, Best interests, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| R (Dyer) v Welsh Ministers [2015] EWHC 3712 (Admin), [2015] MHLO 109 — "In this claim, the Claimant challenges an alleged failure by the public authorities responsible for the National Health Service in Wales to discharge the duty imposed upon them by section 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation 'throughout Wales, to such extent as they consider necessary to meet all reasonable requirements'. In particular, she contends that the duty has been breached because no decision has been taken by any authority as to either (i) the 'reasonable requirements' of women in Wales with ASD and LD for secure in-patient assessment and treatment; or (ii) the level of provision necessary to meet the reasonable requirements found to exist. Indeed, the relevant authorities have not only failed to make those decisions, it is said that they have failed to collate the information required to make them; and so they are not even in a position to make properly informed (and, therefore, lawful) decisions. That is the legal basis ..→ | 2015-12-21 | 2015 cases, Judgment available on Bailii, MHLR summary, Miscellaneous cases, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Henderson v Wilcox [2015] EWHC 3469 (Ch), [2015] MHLO 108 — "The claimant in this case is Ian Henderson. Ian's mother, Mrs Lillian Henderson, died on 2 April 2013 as a result of injuries sustained in a severe assault on her by Ian on the night of 13 March 2013. Ian was convicted of manslaughter at a trial on 15 September 2014, his plea of guilty to that charge and not guilty to murder having been accepted on the basis that he had not intended to kill his mother or cause her really serious injury. He was sentenced (with the agreement of the prosecution) to be detained in hospital under section 37 Mental Health Act 1983, the judge being satisfied that he suffered from a mental disorder such as to make his detention and treatment in hospital appropriate (section 37 (2)), coupled with a restriction order made under section 47 of that Act in order to prevent the public from serious harm if he should be at large. ... Mrs Henderson's will made in 2006 left her entire estate to Ian if he survived her, but it is accepted that by virtue of his having ..→ | 2015-12-20 | 2015 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re RS (Forced Marriage Protection Order) [2015] EWHC 3534 (Fam), [2015] MHLO 105 — "The identified questions for this hearing are whether: (i) RS had mental capacity to marry at the date of his marriage to W; and if not; (ii) whether the court should exercise its power under the inherent jurisdiction to declare that the marriage is not recognised as valid in England and Wales as a precursor to the initiation of formal proceedings to annul the marriage." | 2015-12-10 | 2015 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| R (Drammeh) v SSHD [2015] EWHC 2984 (Admin), [2015] MHLO 99 — "This is a claim for judicial review of (i) the Defendant's decision of 6 February 2015 (confirmed after further consideration on 16 June 2015) refusing to accept the Claimant's representations as a fresh asylum and human rights claim, and (ii) the lawfulness of the Claimant's detention under immigration powers from 21 November 2014 to 17 April 2015. The Claimant is a foreign criminal with an appalling immigration history, who is liable to deportation in consequence of having been sentenced to 12 months' imprisonment for being concerned in the supply of class A drugs. He has been diagnosed with schizo-affective disorder, which appears to be well-controlled provided that he takes his anti-psychotic medication. Having exhausted his rights of appeal against the refusal of a very belated claim for asylum, he has done everything within his power to avoid being deported." | 2015-11-14 | 2015 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re HS [2015] EWCOP 33, [2015] MHLO 96 — "I have been asked to reconsider two orders I made on the papers. The first was an order dated 29 October 2014 revoking HS's Enduring Power of Attorney and the second was an order made on 10 December 2014 appointing Essex County Council to be HS's deputy for property and affairs." | 2015-11-13 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| The Public Guardian v SR [2015] EWCOP 32, [2015] MHLO 96 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and affairs and directing him to cancel its registration." | 2015-11-13 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| A Local Health Board v AB [2015] EWCOP 31, [2015] MHLO 95 — "I conclude that: (a) AB lacks capacity to conduct these proceedings herself. (b) AB lacks capacity to make her own decisions about whether to consent to medical treatment for her cardiac condition including dental surgery. (c) Insofar as the jurisdiction of the court is excluded because of the operation of the MHA and MCA, the inherent jurisdiction should be exercised to grant a declaration that it is lawful and in AB's interests to have the proposed medical treatment administered by the Applicant to her. (d) The inherent jurisdiction should be exercised to grant a declaration that it is lawful and in her best interests for AB to be deprived of her liberty to travel to and to remain at the hospital for the proposed medical treatment but that such physical and/or chemical restraint as may be required to deliver the treatment shall bear in mind the need to maintain her dignity to the maximum extent reasonably possible." (Caution: in relation to paragraph [54], on the MCA eligibility ..→ | 2015-11-13 | 2015 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re AFR [2015] EWCOP 73, [2015] MHLO 93 — "This is an application by the Public Guardian to discharge two joint and several deputies for property and affairs on the grounds that they have behaved in a way that has contravened their authority or is not in their father's best interests." | 2015-11-12 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re DWA [2015] EWCOP 72, [2015] MHLO 92 — "On 1 October 2014 I made an order on the papers revoking a Lasting Power of Attorney ('LPA') for property and financial affairs in respect of one of three attorneys because I was satisfied that the donor was incapable of revoking the appointment herself and that the attorney in question had behaved in a way that contravened her authority or was not in the donor's best interests. This is an application by the attorney whose appointment was revoked for me to reconsider that decision pursuant to rule 89 of the Court of Protection Rules 2007." | 2015-11-12 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re AMH [2015] EWCOP 70, [2015] MHLO 90 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." | 2015-11-12 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re H [2015] EWCOP 52, [2015] MHLO 89 — "There are two provisions in the Mental Capacity Act 2005 ('MCA') that seem to contradict each other. Section 16(4)(b) envisages that a deputyship appointment will be of limited duration, whereas section 19(5) facilitates an appointment that could last for decades. ... When it comes to the crunch, section 16(4)(b) trumps section 19(5) because it is a principle to which the court must have regard when deciding whether it in P's best interests to appoint a deputy, while section 19(5) is simply a discretion conferred upon the court, once it has decided to appoint a deputy." | 2015-10-31 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re KW [2015] EWCOP 53, [2015] MHLO 88 — "DW objects to the deprivation of liberty and made the application to the Court of Protection on 5th December 2014 pursuant to Section 21A of the Mental Capacity Act 2005 to challenge the purpose of the standard authorisation. The application was made on the following grounds: (a) LCC failed to make an application to the Court of Protection (despite the recommendations of the Ombudsman). (b) LCC failed to take reasonable steps to plan a move for KW to a more suitable placement, closer to her family and KW has suffered distress as a result. (c) It is not in KW's best interests to be deprived of her liberty at R H therefore one of the qualifying requirements of Schedule 1A is not satisfied." | 2015-10-31 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| P v Surrey County Council [2015] EWCOP 54, [2015] MHLO 87 — "The issues for me to determine are these: (i) Was P's detention at the care home between 5 September 2014 and 23 December 2014 lawful or was it in breach of Article 5 and/or Article 8? (ii) If P's detention during that period was unlawful or in breach of Article 5, does a right to compensation or damages arise and, if so, how much? No claim for compensation or damages is in fact pursued. (iii) Was P's detention at the care home between 23 December 2014 and the date of cessation of detention lawful pursuant to a properly-made standard authorisation? If not, was it in breach of his Article 5 and/or Article 8 rights? (iv) Does a right to compensation or damages arise and, if so, how much? No claim for compensation or damages is in fact pursued." | 2015-10-31 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re ARL [2015] EWCOP 55, [2015] MHLO 86 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." | 2015-10-31 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re RS [2015] EWCOP 56, [2015] MHLO 85 — "The matters before the court proceed as a challenge to the standard authorisation pursuant to Section 21A of the Mental Capacity Act 2005. ... On 28th May ... capacity being the gateway to the jurisdiction of this court a report was ordered pursuant to Section 49 of the Mental Capacity Act 2005 ... I am not prepared to vary or alter the principle behind the original order of 28th May. Finally, this is a difficult and recurring problem and brings into sharp focus the burden upon any Trust or NHS body to comply with such direction while at the same time maintaining the provision of its service to existing patients. The cost of the report is also funded by the Trust. There is no provision within Section 49 for the court to order payment of fees or expenses in that regard. These are matters that ultimately may have to be considered elsewhere." | 2015-10-31 | 2015 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re SF [2015] EWCOP 68, [2015] MHLO 84 — "This is an application by the Public Guardian for the court to revoke an Enduring Power of Attorney ('EPA') and to direct him to cancel its registration." | 2015-10-31 | 2015 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re GMP [2015] EWCOP 67, [2015] MHLO 83 — "This is an objection to an application for the appointment of a deputy for property and affairs." | 2015-10-31 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re RG [2015] EWCOP 66, [2015] MHLO 82 — "This is an application by Northamptonshire County Council for the court to revoke an Enduring Power of Attorney ('EPA') and to appoint a professional deputy to manage the donor's property and affairs in place of the attorney." | 2015-10-31 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Aidiniantz v Riley [2015] EWCOP 65, [2015] MHLO 81 — "These proceedings in the Court of Protection are the latest setting for the poisonous feud between the children of Mrs Grace Aidiniantz. On this occasion, they dispute where their mother should live, who should care for her, who should see her, and whether her finances should be investigated." | 2015-10-31 | 2015 cases, Best interests, COP costs cases, Judgment available on Bailii, No summary, Transcript |
| Re MLJ [2015] EWCOP 63, [2015] MHLO 80 — "This is a contested application for the appointment of an additional deputy to act jointly with the existing deputy for property and affairs." | 2015-10-31 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re AJ [2015] EWCOP 62, [2015] MHLO 79 — "This is an application by the respondent for the court to reconsider two orders that were made on the papers. The first order discharged him as his daughter's deputy for property and affairs and the second order appointed a panel deputy to act in his place." | 2015-10-31 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Medway Council v M and T [2015] EWFC B164, [2015] MHLO 78 — "In this judgment, within ongoing care proceedings, I have determined the applications by T and Mother under the Human Rights Act for declarations and damages. I have set out below the alarming history of the unlawful accommodation of T by Medway Council for over 2 years, and my reasons for declarations to that effect and for the award of damages of £20,000 each to T and her Mother for breaches of their rights to respect for their family life under Article 8 and to fair trial under Article 6 of the European Convention on Human Rights. [The following are two paragraphs of the judgment which set out just part of the history.] [24] Instead, again, the Social Worker AT, accompanied by Mother's mental health Social Worker, visited Mother on 3.10.13 and purported to obtain a fresh s20 agreement which they were satisfied she understood and had capacity to make as Mother was able to repeat back to them that it was her consent to Medway Council, that it was voluntary and she accepted she ..→ | 2015-10-30 | 2015 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re P (Application for Secure Accommodation Order) [2015] EWHC 2971 (Fam), [2015] MHLO 77 — "In my judgment it is clear that the restrictions imposed by reg. 5(2) on making a secure accommodation order under s.25 in respect of a child over the age of 16 are limited to children who are accommodated as a matter of discretion under s.20(5) and do not extend to children who are accommodated as a matter of duty under s.20(3). Where a looked-after child aged between 16 and 18 is accommodated under s.20(3) of the Children Act 1989 the court has the power to make her the subject of a secure accommodation order under s.25. It follows, therefore, that in this circumstances of this case it is appropriate that the local authority's application for a secure accommodation order be adjourned generally with liberty to restore should circumstances arise in which it considers it appropriate to do so." | 2015-10-30 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| CWM TAF University v F [2015] EWHC 2533 (Fam), [2015] MHLO 75 — "This application was issued ... for a declaration under s.15 of the Mental Capacity Act: Firstly, that F lacks capacity; secondly, to make decisions about her clinically assisted nutrition and hydration; and, thirdly, the central issue, that it is not in F's best interests for clinically assisted nutrition and hydration to be continued, that it is lawful and in her best interests for clinically assisted nutrition and hydration to be withdrawn." | 2015-10-30 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (Letts) v The Lord Chancellor & Ors [2015] EWHC 402 (Admin), [2015] MHLO 72 — "This application for judicial review concerns the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which might engage Article 2... What this case boiled down to was a consideration of how Article 2 applies to the suicide of mental health patients and an assessment of the (in)adequacy of the Guidance in reflecting the law. I have come to the conclusion that in one material respect the Guidance is inadequate and both incorporates an error of law and, also, provides a materially misleading impression of what the law is. ... [I]n the absence of a clear recognition that there is a category of case where the investigative duty arises quite irrespective of the existence of arguable breach by the State the Guidance is materially misleading and inaccurate." | 2015-10-28 | 2015 cases, ICLR summary, Inquest cases, Judgment available on Bailii, No summary, Transcript |
| Re PAW [2015] EWCOP 57, [2015] MHLO 68 — "This is a contested application for the appointment of a deputy for property and affairs." | 2015-09-30 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| DGP Law v DGHP [2015] EWCOP 58, [2015] MHLO 67 — "This is a reconsideration of a decision made on the papers on 16 February 2015 by District Judge Bellamy, who dismissed the respondents' objections to the applicant's application to be appointed as her mother's deputy for property and affairs." | 2015-09-30 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re NRA [2015] EWCOP 59, [2015] MHLO 66 — "I have ten cases before me seeking welfare orders under s. 16(2)(a) of the Mental Capacity Act 2005 (the MCA). The welfare orders are sought to authorise the deprivation of liberty that, it is common ground, is being, or will be, created by the implementation of the regime of care, supervision, control and support (the care package) upon which the welfare orders are based. If it had been thought that the care packages did not result in a deprivation of liberty it is highly likely that the relevant public authorities would have relied on s. 5 of the MCA and no application to the Court of Protection would have been made. When the cases were transferred to me they were regarded as test cases on the directions that should be given for their determination and in particular on whether the subject of the proceedings (P) should be a party." | 2015-09-30 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re ME [2015] EWCOP 61, [2015] MHLO 64 — "This is an objection to an application for the appointment of a deputy for property and affairs." | 2015-09-30 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| R (Samadi) v SSHD [2015] EWHC 1806 (Admin), [2015] MHLO 59 — "This is the hearing of the Claimant's claim for damages for what he argues was his unlawful immigration detention for 19 days from 14 May to 1 June 2012. In broad summary his case is that there were breaches of §55.10 of the Defendant's Enforcement Instructions and Guidance (the 'Guidance') which provides for two categories of potential detainees who will normally only be considered suitable for detention in very exceptional circumstances: (a) those suffering from serious mental illness which cannot be satisfactorily managed in detention, and (b) those where there is independent evidence that they have been tortured. It is the Claimant's case that he fell into both those categories; and that in any event the Defendant (c) wrongfully continued to detain him after it had become clear that his removal was no longer imminent." | 2015-08-07 | 2015 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re EL: Public Guardian v CS [2015] EWCOP 30, [2015] MHLO 56 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and financial affairs and directing him to cancel its registration." | 2015-07-20 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re HC: Public Guardian v CC [2015] EWCOP 29, [2015] MHLO 55 — "This is an application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as deputy." | 2015-07-20 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re SM: Public Guardian v MO [2015] EWCOP 27, [2015] MHLO 54 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney ('LPA') for property and financial affairs." | 2015-07-20 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re ED: Public Guardian v JD [2015] EWCOP 26, [2015] MHLO 53 — "This is an application by the Public Guardian to revoke an Enduring Power of Attorney." | 2015-07-20 | 2015 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re LC: Bedford Borough Council v Mrs C and Mr C [2015] EWCOP 25, [2015] MHLO 52 — "The proceedings concern Mrs C’s best interests in relation to residence and her contact with her husband and a deprivation of her liberty. ... There is also in existence a separate application by the local authority for a deputy for property and affairs to be appointed for her." | 2015-07-20 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Newcastle City Council v PV [2015] EWCOP 22, [2015] MHLO 51 — "This judgment considers the role of the Court of Protection in connection with applications to the Criminal Injuries Compensation Authority ('CICA'). In particular, it looks at cases in which the CICA requires a trust to be created in order to exclude any possibility that the assailant may benefit from the compensation award. These cases arise almost exclusively in the context of domestic violence, where the assailant is a family member." [See appeal decision.] | 2015-07-20 | 2015 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| The Mental Health Trust v DD [2015] EWCOP 4, [2015] MHLO 50 — "For the reasons set out above, I propose to declare: (i) pursuant to section 15 of the 2005 Act that DD lacks capacity to litigate in relation to the relevant issues; (ii) pursuant to section 15 of the 2005 Act that DD lacks capacity to make decisions in respect of contraception; (iii) pursuant to section 15 of the 2005 Act that it is lawful and in DD's best interests to undergo a therapeutic sterilisation and authorise the applicants' staff to do so, together with the provision of all ancillary care and treatment; Further, (iv) subject to certain safeguards (more fully set out in the care plan and reflected in the proposed draft order) being required, I propose to authorise the applicants to remove DD from her home and take steps to convey her to hospital for the purposes of the sterilisation procedure, and authorise the use of reasonable and proportionate measures to ensure that she is able to receive the said treatment even if any deprivation of liberty is caused by the same; (v) ..→ | 2015-07-20 | 2015 cases, Best interests, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Re A [2015] EWHC 1709 (Fam), [2015] MHLO 45 — "The Local Authority applies for a secure accommodation order in respect of her under s.25 of the Children Act 1989. The Local Authority's case is that A is a danger to herself and others, and that she is no longer containable in any form of ordinary residential unit. ... Put in lay language, the expert consensus of CAMHS is that A's problems, although recognised as being severe and extreme, are not of a mental health or psychiatric nature; but rather are of a behavioural nature. Therefore, admission to a Young Person's Psychiatric Unit for assessment and potential subsequent treatment is not currently 'on offer' as a way of dealing with A's problems. ... Conventionally, a specific placement is identified before a secure accommodation order is made. However, that is simply not possible here, and both the Local Authority and the Children's Guardian invite me to make the order in general terms, leaving it to the Local Authority, on consultation with the Children's Guardian, to place A ..→ | 2015-06-24 | 2015 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| AF v Nottinghamshire NHS Trust [2015] UKUT 216 (AAC), [2015] MHLO 43 — "There is nothing in the law that requires the social circumstances report to have been written by a social worker or CPN and not a nurse, or requiring that the nursing report and social circumstances reports must have different authors, and the tribunal therefore did not err in law in having those two reports before it. Nor was there any legal requirement on the report’s author to attend the hearing and so the tribunal did not err in law in allowing another nurse to attend and speak to that report. Further, the question of whether any deficits in the report (assuming there were such) led the tribunal to err in law must be judged on the facts of the individual case. In a case where the tribunal decided that the appellant had not got to the point of being able to be discharged and needed to remain under section, the relevance of any after-care package in place simply falls away. And the tribunal adequately explained why it was not adjourning." | 2015-06-08 | 2015 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| H v USA [2015] EWHC 1066 (Admin), [2015] MHLO 37 — Extradition case with mental health factual background. | 2015-04-29 | 2015 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| W City Council v Mrs L [2015] EWCOP 20, [2015] MHLO 35 — "This hearing concerns a 93-year old lady with a diagnosis of severe dementia, Alzheimer's disease. She lives in her own home, with care and safety arrangements set up for her between her adult daughters and the Local Authority. This simple scenario raises the following issues: (a) whether the care arrangements for the lady (Mrs L) constitute a deprivation of her liberty; (b) if so, then whether the State is responsible for such deprivation of liberty; and (c) if so, then whether such deprivation of liberty should be authorised by the court and what the arrangements for continuing authorisation should be." | 2015-04-16 | 2015 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| R v Marshall [2015] EWCA Crim 474, [2015] MHLO 32 — "On 12th March 2014 in the Crown Court at Newcastle upon Tyne the appellant pleaded guilty to an offence of violent disorder, contrary to section 2(1) of the Public Order Act 1986. On 12th August 2014 he was made subject to a hospital order, pursuant to section 37 of the Mental Health Act 1983, and a Football Banning Order for six years. With the leave of the single judge he appeals against sentence on the ground that a suspended sentence of imprisonment should have been imposed, not a hospital order. ... Having reviewed the updated psychiatric report, we are satisfied that the conditions for a hospital order under section 37 continue to be met, and it remains the most suitable disposal." | 2015-03-31 | 2015 cases, Hospital order cases, Judgment available on Bailii, No summary, Transcript |
| Donna v Martin [2015] EWCOP 23, [2015] MHLO 31 — "This is an application under rule 89 of the Court of Protection Rules 2007 inviting me to reconsider an order I made on the papers on 27 November 2014. As this is a case in which there is a dispute as to who should act as a deputy, I am required ... to publish this judgment." | 2015-03-29 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Re CJ: Public Guardian v MP [2015] EWCOP 21, [2015] MHLO 30 — "This is a reconsideration of a decision made on the papers on 4 November 2104 by District Judge S. E. Rogers, who made an order: (a) revoking the respondent's appointment as his partner's deputy for property and affairs; and (b) inviting a panel deputy to apply to be appointed as deputy in his place. ... I am absolutely certain that there has been no dishonest misappropriation of CJ's funds by MP, but that's not the point. ... To turn a blind eye to MP's wilful refusal to comply with his duties would erode and undermine the safeguarding work carried out by the OPG's supervision and compliance teams, which cannot possibly be in the public interest. It would also ride roughshod over the court's obligations under international human rights law to ensure that the protective measures it makes contain appropriate and effective safeguards to prevent abuse: United Nations Convention on the Rights of Persons with Disabilities, Article 12.4. ... Accordingly, I confirm District Judge Rogers' ..→ | 2015-03-26 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Baker v Cambridgeshire and Peterborough NHSFT [2015] EWHC 609 (QB), [2015] MHLO 29 — "This action arises out of the tragic suicide of Philip Baker ... The claim is brought on behalf of his widow, Pauline Baker ... It is alleged that the treatment plan provided by Dr Kabacs on 29 September was inadequate and her decision on 26 October 2010 to discharge Mr Baker to the care of his general practitioner, caused him to take his own life." | 2015-03-24 | 2015 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re ID (Revocation of LPA) [2015] EWCOP 19, [2015] MHLO 28 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney." | 2015-03-24 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re AW [2015] EWCOP 16, [2015] MHLO 27 — "These are competing applications by DB and DW to be appointed as AW's deputy for property and affairs." | 2015-03-24 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| BG v MHTS [2015] CSIH 18, [2015] MHLO 26 — "This is an appeal by JG’s son from a decision of the sheriff principal of Lothian and Borders refusing his appeal against a decision of the Mental Health Tribunal for Scotland. The decision of the MHTS which he had appealed against was a decision to make a compulsory treatment order in relation to his mother." | 2015-03-24 | 2015 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Re PL (Objection Hearing) [2015] EWCOP 14, [2015] MHLO 25 — "This is an objection by PL's daughters to his son's application to be appointed as his deputy for property and affairs." | 2015-03-24 | 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| A Healthcare NHS Trust v P and Q [2015] EWCOP 15, [2015] MHLO 23 — "The Trust ... applied to the Court for a declaration in P's best interests firstly, not to escalate his care and secondly to discontinue some care, inevitably leading to his demise. ... At the same time they also applied for a reporting restriction order with accompanying documentation. When they sought to serve that material on the Press Association through the service known as CopyDirect, but now in fact called the Injunctions Alert Service, the second respondent objected to the disclosure of any identity either of P or of P's family. ... As a result I listed a hearing ... for the Court to consider four questions: (Generally) (1) Whether in applications for reporting restrictions orders the applicant, when notifying the Press of the application, is required to identify the parties and or P. (Specifically in this application) (2) Whether further hearings in these proceedings should be heard in public. (3) Whether there should be any reporting restrictions in relation to these ..→ | 2015-03-24 | 2015 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re BN [2015] EWCOP 11, [2015] MHLO 22 — "This is an application under rule 89 of the Court of Protection Rules 2007 for me to reconsider an order I made on the papers. ... BN does not lack capacity to revoke the LPAs and, indeed, she has no wish to revoke them, so the court is powerless to intervene. ... CN acted in bad faith, was motivated by spite, and was unsuccessful. BN responded to the application by taking advice from her solicitors, who sensibly narrowed the matter down to a single issue. It would be unjust to expect BN to pay the legal costs she had to incur in order to resist such an unmeritorious application." | 2015-03-24 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Sekerani v SSHD [2014] UKAITUR DA/00301/2014, [2014] MHLO 144 — "The appellant had claimed asylum on the bases that he fears the ZANU PF in Zimbabwe which claim was rejected in 2003. The appellant no longer relies on his asylum claim but on his claim for humanitarian protection. The appellant claims he cannot return to Zimbabwe because of his mental health problems as he has been diagnosed as suffering from paranoid schizophrenia. He relies on a report from Dr Gillian Wainscott, a consultant psychiatrist dated 27 February 2014. The appellant claims that he has established a family and private life in the United Kingdom because he has a cousin in this country who has been helping him." | 2015-03-24 | 2014 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re DT: Public Guardian v IT [2015] EWCOP 10, [2015] MHLO 21 — "This is an application by the Public Guardian to revoke and cancel the registration of an Enduring Power of Attorney. It is unusual for me to dismiss an application by the Public Guardian, but on this occasion I am not satisfied that the order he is seeking: (a) is proportionate; (b) is less restrictive in terms of DT's rights and freedom of action; (c) respects DT's rights, will and preferences; (d) warrants public interference in his private and family life; or (e) is in his best interests." | 2015-03-24 | 2015 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re F [2004] EWHC 725 (Ch) — "This is an appeal from the refusal of Master Lush, the Master of the Court of Protection, to register an enduring power of attorney dated 10th July 2000 which was made by the donor (Mrs F) in favour of her son (Mr A). The Master upheld an objection to registration on grounds of the unsuitability of Mr A to be the donor's attorney, which was lodged by his sister (Mrs B)." | 2015-03-24 | 2004 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| Re GW [2015] EWCOP 9, [2015] MHLO 20 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs because the attorney has behaved in a way that contravenes his authority and is not in the donor's best interests." | 2015-03-24 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| R v M [2014] EWCA Crim 1641, [2014] MHLO 143 — "The Advice on Appeal submitted on behalf of the applicant contains two grounds: first, that the judge was wrong in principle to make a s45A hospital and limitation direction when the conditions for making a restriction order under section 41 were not met; and second, that a section 37 order was the appropriate order. Those orders and directions refer to the provisions of the Mental Health Act 1983, as amended by the Mental Health Act 2007. The Registrar has also referred the making of the Victim Surcharge Order to the full court on two separate issues." | 2015-02-12 | 2014 cases, Hybrid order cases, Judgment available on Bailii, No summary, Transcript |
| Re SB: Public Guardian v BB [2015] EWCOP 7 [2015] MHLO 15 — "This is an application to revoke a Lasting Power of Attorney for property and financial affairs because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests. It is also a contested application as to who should be appointed as SB's deputy for property and affairs in place of the attorneys." | 2015-02-12 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re EG: Public Guardian v GB [2015] EWCOP 6, [2015] MHLO 14 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs ('LPA') because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests." | 2015-02-12 | 2015 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, [2015] MHLO 12 — "The single issue in this appeal is whether the appellant, a mentally disordered patient unlawfully detained in hospital for some 442 days, is entitled to substantial damages instead of the nominal damages awarded by the judge, in circumstances where he would anyway have been detained lawfully had the defendant NHS trust been aware of the unlawfulness. ... I would dismiss this appeal." | 2015-02-12 | 2015 cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript, Unlawful detention cases |
| Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, [2015] MHLO 8 — "This is an appeal against an order ... which ... dismissed the claimant's claim for damages for clinical negligence. Permission to appeal was granted on a single ground, which relates to the issue of the claimant's consent to a particular medical procedure, namely the insertion of a cannula into her left arm for the purpose of intravenous access. ... A finding of absence of consent to the insertion of the cannula leads inexorably in this case to a finding of breach of duty in inserting it. The duty to obtain the patient's consent to treatment is a fundamental tenet of medical practice and is inherent in the case-law concerning the duty to take reasonable steps to warn a patient of the risks of treatment so that the patient can make an informed decision about whether to consent to it ... I would dispose of the appeal by (i) granting a declaration that Dr Prenter was in breach of his duty of care by inserting the cannula without the claimant's consent and (ii) remitting the matter to ..→ | 2015-01-31 | 2015 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re RG: Public Guardian v PB [2015] EWCOP 2, [2015] MHLO 6 — "This is an application for the court to reconsider an order made on the papers, partially revoking an enduring power of attorney." | 2015-01-30 | 2015 cases, Judgment available on Bailii, No summary, Other EPA cases, Transcript |
| The Mental Health Trust v DD [2014] EWCOP 44, [2014] MHLO 141 — "I do not propose to give a detailed judgment in this case today in light of the large measure of agreement. However, I want to make some comments about the proposed draft order. ... In preparation for this four day hearing, in which I was to be considering questions of long-term contraception or sterilisation of DD, I have read with care ..." | 2015-01-14 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| R (AMG) v SSHD [2015] EWHC 5 (Admin), [2015] MHLO 1 — Immigration case with mental health background. | 2015-01-13 | 2015 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| DD v SSHD [2014] EWHC 3820 (Admin), [2014] MHLO 140 — "Currently, the effects of the [Terrorism Prevention and Investigation Measure] in general, whatever the particular effects of certain restrictions, and the effects of the three most contentious conditions apart from the tag, plainly do not cross that high threshold so as to breach of Article 3. I reach that conclusion recognising that the maintenance of the TPIM and those conditions is significantly worse for DD than for a person who is in normal mental health, and that particular care is required in judging whether a mentally ill and vulnerable person is being treated with proper respect for the fact that he is a human being. The tag as described by Professor Fahy and Dr Deeley is undoubtedly the most severe requirement in its impact on DD, because of his paranoid ideation. DD's delusions about the tag being an explosive device and a camera are very frightening and distressing. He wants to remove it, as voices tell him to, yet knows this would continue with the cycle of breaching ..→ | 2014-12-31 | 2014 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Lazariu v Romania 31973/03 [2014] ECHR 1219, [2014] MHLO 139 — Detention in psychiatric hospital breached Article 5(1) and (4). | 2014-12-31 | 2014 cases, Deprivation of liberty, ECHR, Judgment available on Bailii, No summary, Transcript |
| Kicks v Leigh [2014] EWHC 3926 (Ch), [2014] MHLO 136 — "The Claimants claim that the transfer by Mrs Smith to the Defendant of the Proceeds should be set aside on either of two grounds, namely that: (1) Mrs Smith lacked the mental capacity to make such a gift or transfer; (2) The gift or transfer was procured by the Defendant's exercise of undue influence over Mrs Smith." | 2014-12-31 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Aster Healthcare Ltd v The Estate of Mohammed Shafi [2014] EWCA Civ 1350, [2014] MHLO 134 — This appeal by Aster Healthcare was unsuccessful. | 2014-12-31 | 2014 cases, Community care, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re BM [2014] EWCOP B20, [2014] MHLO 131 — "This is a case in which there is a dispute as to who should be appointed as BM’s deputy for property and affairs." | 2014-12-31 | 2014 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| LB Tower Hamlets v TB [2014] EWCOP 53, [2014] MHLO 130 — "All parties are agreed that TB lacks capacity to make decisions concerning her residence, her care and her contact with SA. The issues that I have to decide are these: (i) Where should TB live in her best interests? ... (ii) If TB does not return to 9 Emerald Mansions what should her contact be with SA, in her best interests? (iii) Does SA have the capacity to consent to sex? This is an abstract question if she does not return to 9 Emerald Mansions, but a very real one if she does. (iv) Whatever I decide about residence does her care regime amount to a deprivation of liberty within the terms of Article 5?" | 2014-12-31 | 2014 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| The Public Guardian v VT [2014] EWCOP 52, [2014] MHLO 129 — This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs on the ground that the donee of the power has behaved in a way that contravenes her authority or is not in the donor's best interests. | 2014-12-31 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| The Public Guardian v CT [2014] EWCOP 51, [2014] MHLO 128 — "This is the first occasion on which a respondent has sought an order for costs against the Public Guardian in respect of a safeguarding application regarding the respondent's conduct as the donee of a Lasting Power of Attorney." | 2014-12-31 | 2014 cases, COP costs cases, Judgment available on Bailii, No summary, Other LPA cases, Transcript |
| Royal Free NHSFT v AB [2014] EWCOP 50, [2014] MHLO 127 — "The Trust seeks three declarations that: (a) AB lacks capacity to consent to medical treatment, including to a Caesarean Section; (b) AB lacks capacity to monitor and regulate her own intake of food and/or drink; (c) AB lacks capacity to decide whether to comply with her regime of diabetic medication." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Gloucestershire CCG v AB [2014] EWCOP 49, [2014] MHLO 126 — "All parties are now agreed that AB's life is futile, in the sense of that word used by Lord Goff in the Bland case. ... AB has no awareness. He merely exists. There is no prospect of recovery. This court accepts the fundamental importance of the sanctity of life, but, as Butler-Sloss P noted in the passage cited above, that is not an absolute principle and does not impose an obligation to provide treatment where life is futile. ... I unhesitatingly conclude that ... it would be in his best interests for artificial nutrition and hydration to be withdrawn, provided this is carried out in an appropriate fashion by nursing staff trained in the provision of palliative care. In his final report, Professor Wade makes a number of recommendations as to the management of the withdrawal of artificial nutrition and hydration and subsequent treatment ... and I endorse those recommendations." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re A and B (Court of Protection: Delay and Costs) [2014] EWCOP 48, [2014] MHLO 125 — "Two cases that I heard on consecutive days last month illustrate the problem of delay and expense in proceedings in the Court of Protection. In Case A, the proceedings lasted for 18 months. ... In Case B, the proceedings lasted for five years. ... Each case therefore generated legal costs at a rate of approximately £9,000 per month. ... The main responsibility for this situation and its solution must lie with the court, which has the power to control its proceedings. The purpose of this judgment is to express the view that the case management provisions in the Court of Protection Rules have proved inadequate on their own to secure the necessary changes in practice. While cases about children and cases about incapacitated adults have differences, their similarities are also obvious. There is a clear procedural analogy to be drawn between many welfare proceedings in the Court of Protection and proceedings under the Children Act. As a result of the Public Law Outline, robust case ..→ | 2014-12-30 | 2014 cases, COP costs cases, Judgment available on Bailii, No summary, Transcript |
| The Public Guardian v Marvin [2014] EWCOP 47, [2014] MHLO 125 — "This is an application by the Public Guardian to revoke two Lasting Powers of Attorney – an LPA for property and financial affairs and an LPA for health and welfare. The attorney concedes that he has contravened his authority and failed to act in the donor's best interests in respect of the donor's property and affairs, and has no objection to court revoking the LPA for property and financial affairs. However, he does not consider that he has contravened his authority or failed to act in the donor's best interests with regard to the donor's health and welfare." | 2014-12-30 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Barnsley MBC v GS [2014] EWCOP 46, [2014] MHLO 124 — "I very respectfully do not agree with the reasoning in paragraph 6 of the guidance [which was issued jointly by the Ofsted and the President of the Court of Protection on 12/2/14]. There is nothing in either the legislation, or the regulations, or the [National Minimum Standards for Children's Homes] which has the effect that a children's home, which is not an approved secure children's home, is 'unable' to deprive a person of his liberty. ... The NMS 3.19 and 12.7 themselves state that 'No children's home/school ... restricts the liberty of any child as a matter of routine...' Whilst never a matter of routine, those very standards clearly contemplate that a home or school may have to restrict liberty as a matter of non-routine. Such restraint may involve a deprivation of liberty as now understood and, in my view, the unqualified proposition in paragraph 4 of the guidance that there is no purpose to be served in seeking an order of the Court of Protection goes too far. So, ..→ | 2014-12-30 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Rochdale MBC v KW [2014] EWCOP 45, [2014] MHLO 123 — The judge in this case decided that KW was not deprived of her liberty, stating as follows: "I am of the view that for the plenitude of cases such as this, where a person, often elderly, who is both physically and mentally disabled to a severe extent, is being looked after in her own home, and where the arrangements happen to be made, and paid for, by a local authority, rather than by the person's own family and paid for from her own funds, or from funds provided by members of her family, Article 5 is simply not engaged. I am of the view that the matter should be reconsidered by the Supreme Court." Permission to appeal to the Court of Appeal was granted, and an appeal against the decision was allowed by consent. | 2014-12-30 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| An English Local Authority v SW and A Scottish Local Authority [2014] EWCOP 43, [2014] MHLO 122 — "The issue in this case is where an adult ('SW'), who lacks capacity, is habitually resident. This is for the purposes of determining whether the English court has jurisdiction to deal with applications under the Mental Capacity Act 2005. ... The parties' respective positions are as follows. The Official Solicitor submits that SW is habitually resident in England and Wales. The [English Local Authority] and the [Scottish Local Authority] submit that she is habitually resident in Scotland." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Derbyshire County Council v AC [2014] EWCOP 38, [2014] MHLO 121 — "In inviting the Court of Protection to exercise its jurisdiction, the Local Authority asserts that AC lacks capacity in the following areas: (i) to litigate in these proceedings; (ii) to make choices about her future care, therapeutic and educational needs; (iii) in relation to contact with others; and (iv) in making informed decisions about her future residence. In respect of (i)-(iii) above, the Local Authority invites me to make final declarations under section 15 of the Mental Capacity Act 2005. In respect of (iv) it invites me to make an interim declaration under section 48 of the 2005 Act, pending further capacity assessments of AC. The Local Authority has invited the court to consider AC's capacity to consent to sexual relations; it invites me to conclude that she does have capacity in this regard. The Local Authority further invites me to make limited best interests decisions following on from the capacity declarations. Specifically, and importantly, it invites me to declare ..→ | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Sex and marriage cases, Transcript |
| Milton Keynes Council v RR [2014] EWCOP 34, [2014] MHLO 120 — "MKC had set a juggernaut in motion by their initial failure to investigate the safeguarding alerts and their decision to remove P from her home in circumstances which were unlawful. This case concerned the very sad and tragic consequences for P which flowed from that decision. I have no difficulty in concluding that MKC’s practice in this case was substandard. It is P’s misfortune to have been the victim of that substandard practice. MKC’s acts and omissions have detrimentally affected both P and her family and changed the course of their lives. In my judgment an award of costs is manifestly justified. I have considered whether a partial costs order is appropriate but have come to the conclusion that this is an exceptional case in which a full costs order is justified. Accordingly the Applicant shall pay the 2nd respondent’s costs of the proceedings to date to be subject to detailed assessment unless agreed between the parties. The costs order shall include a detailed ..→ | 2014-12-30 | 2014 cases, COP costs cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| TX v A Local Authority [2014] EWCOP 29, [2014] MHLO 117 — "X is a retired lawyer who has suffered, or appears to have suffered, from Korsakoff's syndrome, a mental illness related to the over-consumption of alcohol. ... An urgent authorisation was obtained on 1st May and a standard authorisation to detain him on 13th May. ... X appealed that standard authorisation, hence the case being listed before me in late May. ... X now has capacity to make decisions as to residence, care and medical treatment and that has been amply demonstrated in the case. Even if he has other problems he can reflect and logically reason, and is much improved from the man he was last December. That does not mean he will not relapse. It does not mean that he will not be foolish enough to resume drinking but, in my judgment, in all the circumstances it would be inappropriate to make a declaration under section 48 and in those circumstances, in the absence of a standard authorisation, his compulsory detention comes to an end." | 2014-12-30 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| The Public Guardian v AW (Application to revoke LPA) [2014] EWCOP 28, [2014] MHLO 116 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney ... Having regard to all the circumstances, therefore, I shall revoke AW's appointment as attorney because I am satisfied that: (a) OB lacks capacity to revoke the LPA herself; and (b) AW has contravened her authority by taking advantage of her position." | 2014-12-30 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| OG v Latvia 66095/09 [2014] ECHR 989, [2014] MHLO 115 — Involuntary psychiatric hospital admission breached Article 5(1) and (4) in this case. | 2014-12-30 | 2014 cases, Deprivation of liberty, ECHR, Judgment available on Bailii, No summary, Transcript |
| BCZ v SSHD [2014] EWHC 3585 (Admin), [2014] MHLO 114 — "This case concerns the position of a person in detention facing deportation who refuses food and fluid with a view to pressurising the SSHD into giving him leave to remain but who, in consequence, is at risk of suffering a serious neurological condition. Cases such as these highlight acute conflicting public interest considerations. On the one hand the State has in place an immigration policy which it seeks, and is entitled, to enforce vigourously and which includes detention pending removal as an important protective component. On the other hand detention is an acute deprivation of a person's civil liberties and, ordinarily, should be used only exceptionally where other courses short of detention are unavailable." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Graves v Capital Home Loans Ltd [2014] EWCA Civ 1297, [2014] MHLO 113 — "Mr Graves has permission to appeal on the question whether the provisions of ss.140A and 140B apply to the mortgage in this case and, if so, whether the relationship between himself and CHL was unfair because of (a) the inclusion of clause 9.1.6 of the mortgage; and/or because of (b) the way in which CHL exercised or enforced its rights under the agreement in the light of its knowledge of Mr Graves' mental disability." (Section 140A Consumer Credit Act 1974 is entitled "Unfair relationships between creditors and debtors" and s140B "Powers of court in relation to unfair relationships".) | 2014-12-30 | 2014 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re DM [2014] EWHC 3119 (Fam), [2014] MHLO 112 — "This Claimant local authority sought declaratory relief sanctioning a birth plan in respect of a vulnerable adult, which contemplated: (i) interference with the mother/baby relationship following the birth, to a degree which involved some unspecified level of forced separation and, potentially, removal of the child; (ii) that the mother should not be informed of key aspects of the plan. I phrase the ambit of the relief sought carefully, because it seems to me that, whilst the local authority thought long and hard about the birth plan, it had not managed to reflect fully on the practicalities, extent of their intervention or the proportionality of the measures required." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R (Alemi) v SSHD [2014] EWHC 3858 (Admin), [2014] MHLO 111 — "I have reached the conclusion that no reasonable Secretary of State could have concluded that detention within a detention centre was in accordance with her published guidance once confronted with the contents of Dr Thomas's report. ... I cannot be precise about the time which would have elapsed, necessarily, before all necessary steps had been taken transfer to the Claimant but it seems reasonable to estimate that the process would have taken at least two weeks. In the result I conclude that the Claimant was unlawfully detained from midnight 23 May 2013 until his transfer to the psychiatric unit on 16 August 2013. ... At the commencement of the hearing before me I made it clear that I would adjudicate upon the issue of liability alone. I make it clear that nothing in this judgment precludes the Defendant from seeking to argue that the Claimant is entitled to nominal as opposed to substantial damages. All issues relating to damages will be considered, as appropriate, after a trial in ..→ | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Bradbury v Paterson [2014] EWHC 3992 (QB), [2014] MHLO 110 — "The application before me raises a novel point about what the Court should do when the Official Solicitor concludes that he can no longer continue to act as litigation friend for a protected party in litigation because the anticipated source of funding for the Official Solicitor's costs ceases to be available." | 2014-12-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re PC: Public Guardian v AC [2014] EWCOP 41, [2014] MHLO 109 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs and to direct him to cancel its registration." | 2014-11-06 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re PMB [2014] EWCOP 42, [2014] MHLO 108 — "This is a dispute amongst siblings over the appointment of a deputy to manage their mother's financial affairs." | 2014-11-06 | 2014 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript |
| Derbyshire County Council v Kathleen Danby [2014] EWCOP B26, [2014] MHLO 106 — "Today was listed to give Mrs Danby the opportunity of persuading me that the sentence I imposed in April was wrong, that I should reduce it, mitigate it or even quash it, and she has failed to avail herself of that opportunity. So, in the circumstances, I have no alternative other than to leave the sentence outstanding, together with the warrant of arrest. If Mrs Danby is arrested pursuant to that warrant she can apply to purge her contempt and I will see her as soon as is possible to look at the matter." | 2014-11-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Public Guardian v Miles [2014] EWCOP 40, [2014] MHLO 105 — "This is an application by the Public Guardian for the court to determine the validity of a provision in a Lasting Power of Attorney... The question I am required to answer is whether the donor of an LPA can appoint more than one attorney to act jointly with survivorship by expressly re-appointing the continuing attorney or attorneys." | 2014-11-04 | 2014 cases, Judgment available on Bailii, LPA cases - substitute attorneys, No summary, Transcript |
| K v Hospital Managers of the Kingswood Centre [2014] EWHC 2271 (Admin), [2014] MHLO 101 — Service of nearest relative's order for discharge of s3 patient. | 2014-11-02 | 2014 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other NR cases, Transcript |
| BIM v MD [2014] EWCOP 39, [2014] MHLO 100 — Dispute over who should act as property and affairs deputy. | 2014-10-30 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re JL (Revocation of LPA) [2014] EWCOP 36, [2014] MHLO 97 — "I am satisfied that (1) AS has behaved in a way that contravenes her authority and is not in JL's best interests, and (2) JL lacks capacity to revoke the LPA herself, and I shall revoke the LPA for her. With regard to the appointment of a deputy for property and affairs, I consider that it would be in JL's best interests to appoint the authorised officer for property and affairs deputyships of Essex County Council as her substantive deputy. He is already acting as her interim deputy by virtue of my order of 10 June 2014 and JL has expressed a preference that he should continue to manage her funds." | 2014-10-09 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| HK v Llanarth Court Hospital [2014] UKUT 410 (AAC), [2014] MHLO 95 — (1) Guidance for tribunals on writing reasons. (2) First-tier Tribunal decision set aside for inadequate reasons. | 2014-09-25 | 2014 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| Re DG: David v Peter [2014] EWCOP 31, [2014] MHLO 94 — Contested application for the appointment of a deputy for property and affairs. | 2014-09-09 | 2014 cases, Judgment available on Bailii, Judgment available on MHLO, No summary, Other capacity cases, Transcript |
| N v E [2014] EWCOP 27, [2014] MHLO 91 — "This judgment relates primarily to the costs of the proceedings and, in particular, whether M should be made to pay her own costs or whether they should be assessed and paid from E's estate. ... The judgment concludes with a brief discussion of how the court was able to salvage E's preferences for medical treatment at the end of her life from the wreckage caused by the termination of the appointment of her health-care proxy. This aspect of the proceedings was uncontested and reflects the consensus of all parties." | 2014-08-15 | 2014 cases, COP costs cases, Judgment available on Bailii, No summary, 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' rules in order to qualify for the higher rate of the mobility component of disability living allowance. 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 the expert ..→ | 2014-08-08 | 2014 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| JP v SSWP (DLA) [2014] UKUT 275 (AAC), [2014] MHLO 81 — "This [welfare benefits] 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." | 2014-08-03 | 2014 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (SA (Holland)) v SSHD [2014] EWHC 2570 (Admin), [2014] MHLO 79 — 'In these proceedings the claimant SA challenges his detention by the defendant under immigration powers. ... Permission was granted ... on what were then grounds 1 and 3 of the grounds of claim: that the defendant made public law errors in the application of her policy for detention of the mentally ill (ground 1) and that the claimant's detention was in breach of the Hardial Singh principles ... (ground 3). Ground 2 claimed that the policy on the detention of the mentally ill was itself unlawful. ... in the light of the decision of the Court of Appeal in R (Das) v SSHD the claimant no longer pursues that ground.' | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re UF (No 2) [2014] EWCOP 18, [2014] MHLO 78 — "The proceedings were launched by AF, UF's youngest daughter, in August 2013 as a challenge under section 21A MCA 2005 to the standard authorisation of deprivation of liberty. The remit of my enquiry at this hearing was defined by order of Charles J in May 2014, thus: (i) Is it in UF's best interests to return to her home to live with a contingency plan of maintaining her current placement for a period of time? (ii) Should direction be given to the LPA finance about releasing equity from UF's property to pay for her care? (iii) Should the LPA finance be replaced by a Deputy appointed by the Court? (iv) Would any care regime at home still represent a deprivation of liberty?" | 2014-08-01 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re A (A Child) [2014] EWCOP 920, [2014] MHLO 77 — "A, the young person with whom I am concerned, will be 16 years old in June of this year. At the time I am hearing this application, brought by an NHS Foundation Trust, A weighs just 5 ½ stones and has been in hospital for 10 months. ... On the 9th January 20014 the Trust applied for declarations inter alia (i) that it is lawful and in the best interest of A to have a Nasojejunal tube inserted and reinserted on any occasion that it is removed; (ii) it is lawful and in the interest of A to receive fluids, nutrition and medications through a Nasojejunal tube; (iii) it is lawful and in A's best interest to receive treatment (to include psychiatric, psychological and medication as prescribed by her consultant treating psychiatrist) and assessment by the child and adolescent mental health team." | 2014-08-01 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re RGS (No 3) [2014] EWCOP B12, [2014] MHLO 76 — "The primary issue was whether it continued to be in RGS's best interests to reside at X Care Home having regard to the fact that he had been injured there. The two secondary issues concerned contempt of court and reporting restrictions." | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re RGS (No 2) [2013] MHLO 147 (COP) — "On 19 July 2013, by consent and on the basis of several independent assessments the court declared that it remained in RGS's best interests to live at X Care Home and for contact with his son to be regulated and supervised, and if necessary temporarily suspended." | 2014-08-01 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re P (capacity to tithe inheritance) [2014] EWCOP B14, [2014] MHLO 74 — Headnote from judgment: 'Application by the local authority deputy for property and affairs - Whether P has capacity to tithe 10% of his inheritance to the Church of the Latter Day Saints - Mental Capacity Act 2005 test and the common law test in Re Beaney - Whether such a gift is in P's best interests - Whether P has litigation capacity' | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Derbyshire County Council v Kathleen Danby [2014] EWCOP B22, [2014] MHLO 73 — "Before me today the local authority contends that this Respondent Grandmother, Kathleen Danby, is in breach to a significant degree of the injunction granted by Her Honour Judge Thomas. ... Accordingly, I take a serious view of the behaviour of Kathleen Danby and it is plain to me that unless restrained by serious punishment she will simply continue to behave the way she has. I remind myself that the case of Hale v. Tanner sets out that punishment is not the aim of the court, but rather to express its concern at breaches of its orders and the need to effect protection. In those circumstances, in my judgment, there should be a suitable punishment. ... In the circumstances for each and every one of these breaches of the injunction I shall sentence this lady to three months' imprisonment concurrently. I shall issue a warrant for her arrest and list the matter for review, I think in two months' time, unless Miss Cavanagh tells me that it is a wrong date to choose, in which case I shall ..→ | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| A Local Authority v TZ (No 2) [2014] EWCOP 973, [2014] MHLO 72 — "The principal focus of the latest assessments has been the issues that may arise as TZ endeavours to meet, and form intimate relations with, other men. TZ is clear that he wishes to have the opportunity to have these experiences, and all professionals involved in supporting him agree that he should be given that opportunity. The question is whether he had the capacity in respect of decisions that may have to be made when that opportunity arises. Following discussion at the hearing, it was agreed that the issues now arising can be summarised as follows: (1) What is the relevant decision in respect of which the question of capacity arises? (2) Does TZ lack capacity in respect of that decision? (3) If yes, what orders should be made in TZ's best interests? (4) Should the court appoint the local authority to act as TZ's welfare deputy?" | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| A Local Authority v B, F and G [2014] EWCOP B21, [2014] MHLO 71 — "The local authority seeks that the father and grandmother should not have any contact with her save by indirect supervised telephone calls once every four weeks and no other. The local authority takes the view that that position should continue for a period of five years. ... However, should the restriction of applications to Court be as long as five years? I have borne in mind the very careful submissions of Ms. Lattimer, and I bear in mind, too, that B wants to see her father, even though she does not appreciate the dire emotional effects he appears to have had on her. I have concluded that it would be right to restrict applications to vary the injunction for a period of four years only. That is still a very substantial period and quite outside the norm." | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| A Local Authority v B, F and G [2014] EWCOP B18, [2014] MHLO 70 — "This case raises the novel point as to whether or not a Hadkinson order can be granted in the Court of Protection and whether or not, in the circumstances of this particular case, it should be. I am unaware of there being any previous such orders in the Court of Protection, though it seems to me that that is no impediment to one being made in a case like this involving contempt, such as this." | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re DP: Public Guardian v John Marney [2014] EWCOP 7, [2014] MHLO 69 — "The Senior Judge concluded that JM was in breach of his fiduciary duties as an attorney and that he had "behaved in a way that has both contravened his authority and has not been in DP's best interests. ... At the end of the day the issue is really very simple. Why should JM be protected from the normal consequence of a judicial finding of misconduct, namely the identification of the wrongdoer in a published judgment? Nothing JM has said, or which could sensibly be put forward on his behalf, provides any reason why, looked at from his perspective, he should be spared the consequences of his misbehaviour. If publication of his identity and re-publication of the Senior Judge's findings, lowers JM in the estimation of right-thinking readers of the Daily Mail or other organs of the media, then so be it. He has only himself to blame. Why should JM be any more entitled to anonymity, just because the only judicial finding thus far has been made by the Court of Protection, than he would be ..→ | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other LPA cases, Transcript |
| Press Association v Newcastle Upon Tyne Hospitals Foundation Trust [2014] EWCOP 6, [2014] MHLO 68 — "This application arising from proceedings in the Court of Protection raises questions about the continued confidentiality after a person's death of information gathered during litigation occurring during her lifetime. The first question is whether an order that preserving the person's anonymity (and hence the confidentiality of information about her) can continue to have effect after her death. If such a power exists, the second question is whether it should be exercised in the present case. For the reasons set out below, I consider that the court does have the power to preserve the anonymity of the protected person after death but that in this case the balance falls in favour of lifting that anonymity." | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| LB Redbridge v G (No 4) [2014] EWCOP 5, [2014] MHLO 66 — "Stripped of all rhetoric, the essential point here is very simple: it is that [Associated Newspapers Limited] made an application, to be joined in proceedings in which it had no legally recognised interest, which was seemingly unprecedented (para 52 of my previous judgment), which was, as I said, misconceived and which failed completely. The question at the end of the day is whether in all the circumstances, and having regard in particular to the matters referred to in CoPR 2007 rule 159, it is right to depart from the general rule in rule 157. In my judgment it is, given the way in which I have characterised ANL's application and the reasons why it failed. But that does not mean that ANL should necessarily have to pay all the costs, and I have concluded that that would be to go too far. There are, in my judgment, three factors which, taken in combination, justify this conclusion: first, the public importance of the issues; secondly, the stance adopted beforehand in particular by the ..→ | 2014-08-01 | 2014 cases, COP costs cases, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| County Durham and Darlington NHSFT v PP [2014] EWCOP 9, [2014] MHLO 65 — "The Trust seeks the Courts authority, and corresponding declarations, as to P's treatment, in particular the possible withdrawal, or non-escalation of, life-sustaining treatment as part of an end of life care package. The Trust contends (and interim declarations have been made to this effect already) that P lacks the capacity to litigate, and to make decisions in relation to the serious medical treatment in issue in this application. Specifically the Trust seeks the following declarations pursuant to section 15(1)(c) of the Mental Capacity Act 2005: (a) That it is lawful and in P's best interests to continue to receive artificial hydration via subcutaneous injection. (b) That it is lawful and in P's best interests that the Trust's treating clinicians shall be permitted: (i) Not to provide artificial nutrition by a percutaneous endoscopic gastrostomy tube or via an alternative artificial feeding regime; and (ii) Not to resuscitate her in the event of either a cardiac or respiratory ..→ | 2014-08-01 | 2014 cases, 39 Essex Street summary, Best interests, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, Transcript |
| Re EU (Appointment of deputy) [2014] EWCOP 21, [2014] MHLO 64 — "EU's sons, JU and TU, have objected to an application by Suffolk County Council to be appointed as his deputy for property and financial affairs. ... Having regard to all the circumstances, therefore, I am satisfied that it is in EU's best interests to appoint Suffolk County Council to be his deputy for property and affairs and to dismiss his sons' objections." | 2014-08-01 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re VH (Revocation of Lasting Power of Attorney) [2014] EWCOP 15, [2014] MHLO 63 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney for property and financial affairs. ... Because of DH's lack of credibility, his inexperience in assessing capacity, his vested interest in the outcome, and because of the complicated nature and effect of the particular transaction that he required VH to enter into, I prefer the Special Visitor's opinion that she probably lacked capacity to DH's bold assertion that his mother 'fully understood what she was doing' when she entered into the mortgage and handed over to him the money that had been advanced by Barclays Bank. I am not satisfied that on 21 October 2011 VH had the capacity to enter into the transaction, which not only severely depleted her capital but also had adverse impact on her income, and I am not prepared retrospectively to approve the gift because it was neither reasonable nor affordable. VH may need these funds in future to pay for her care, either in ..→ | 2014-08-01 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| The Mental Health Trust v DD [2014] EWCOP 8, [2014] MHLO 60 — "The issues for decision relate to DD, a woman in her mid thirties with diagnoses of autistic spectrum disorder and borderline learning disabilities. In summary they are: (a) Whether DD lacks capacity to make decisions in relation to her healthcare and, in particular, lacks capacity to consent to a placental localisation scan and an ante natal assessment; (b) Whether it is in her best interests to undergo such a scan and assessment; (c) Whether the Applicants should be authorised to take such necessary and proportionate steps so as to give effect to the 'best interests' declaration to include forced entry, restraint and sedation. This brief judgment is given for two reasons (i) to set out my capacity and best interests' determinations and (ii) for the benefit of Cobb J who is to be the allocated judge at two further hearings." | 2014-08-01 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| An NHS Trust v J [2014] EWCOP 2675, [2014] MHLO 58 — "This application concerns an elderly lady of 79 years whom I shall call 'Mrs J'. She has longstanding mental health problems and now also cancer. Many professionals concerned for her welfare have with much care and diligence come to the view that it is in her best interests for her to have investigations and to receive treatment; but she is resistant and, in spite of all professional efforts and advice, not willing to consent. Accordingly, on 3rd July 2014, the relevant NHS Trust issued a notice of application in the Court of Protection seeking declarations: (1) that Mrs J lacks capacity to litigate in these proceedings; (2) that she lacks capacity to take decisions about the proposed medical investigations and treatment; and (3) that it is in her best interests to have those investigations and treatment. ... Taking all aspects of the case into account and weighing them up, I have come to the conclusion that Mrs J's best interests would be served by the proposed investigations and ..→ | 2014-08-01 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| X County Council v M [2014] EWHC 2262 (Fam) — "On 16 May 2014 I heard two applications by the Applicant local authority, namely: (i) an application under the inherent jurisdiction of the High Court for permission not to disclose to the First Respondent, M, the care plan for her unborn child namely to remove the child at birth; and (ii) a reporting restrictions order to prohibit a publication of the above application, the hearing of the same and the order made by the court. I granted those applications at a hearing on 20 May at which further evidence in support of the applications had been filed. I reserved judgment." | 2014-07-28 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R (MD) v SSHD [2014] EWHC 2249 (Admin), [2014] MHLO 52 — "In my judgment, the Claimant's detention was unlawful from the 21st October 2011 until her release on the 13th September 2012 by reason of a breach of the third Hardial Singh principle and from the 16th February 2012 until her release on the 13th September 2012 due to the failure of the Defendant to properly understand and apply her policy regarding the detention of those with serious mental illness to the circumstances of the Claimant's case. So the Claimant's detention was unlawful both at common law and under Article 5 of the ECHR. I have also found that the Claimant's treatment by the Defendant by detaining her in the circumstances I have set out above amounted to inhuman and degrading treatment in breach of Article 3 of the ECHR." | 2014-07-24 | 2014 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re X (A Child) [2014] EWHC 1871 (Fam), [2014] MHLO 41 — "Some time ago I heard an urgent application relating to a girl who at the date of the hearing before me was aged 13 years and 9 months. She was at the time the subject of ongoing care proceedings being heard by another judge. She was approximately 14 weeks pregnant. The father of the unborn child was aged 14. The issue before me was whether or not the pregnancy should be terminated. The care proceedings have not yet come to a conclusion but I do not think that I should further delay giving judgment explaining my decision and my reasons for it. ... Given that X's expressed wishes at the end of the hearing thus accorded with my assessment of her best interests, it was clearly appropriate for me to supply the necessary consent to enable the termination to proceed." | 2014-06-13 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (ZYN) v Walsall MBC [2014] EWHC 1918 (Admin), [2014] MHLO 40 — "The issue raised by this case is whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. ... For the reasons given, I find that the Council's policy on charging for the cost of social care services is unlawful insofar as it takes account of any of the capital derived from the claimant's personal injury settlement." | 2014-06-12 | 2014 cases, Community care, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| North Somerset Council v LW [2014] EWCOP 3, [2014] MHLO 39 — "At the conclusion of the hearing on 23 April an issue about costs arose. ... I am in no doubt that, on the evidence before me, UHBT fell well short in meeting their duties to LW and her unborn child. ... The cumulative effect of these factors is that part of the hearing on 15 April and the whole of the hearing on 16 April, were completely ineffective. Accordingly I am satisfied that in the premises the court is justified in departing from the general rule that there be no order as to costs: rr 157 & 159. ... Accordingly I propose to order that UHBT pay the whole of the Official Solicitor's costs of 15 and 16 April. In contrast the hearing of 23 April was an effective hearing albeit I ultimately made no order on the full evidence then before the court. Thus the usual rule will apply in respect of the hearing on 23 April, namely UHBT will pay one half of the Official Solicitor's costs for that hearing. Those costs are to be assessed, if not agreed, on a standard basis. In respect of ..→ | 2014-06-10 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| North Somerset Council v LW [2014] EWHC 1670 (Fam), [2014] MHLO 38 — "In those circumstances I am satisfied that if the mother were to learn of the plan to remove her child at birth there is a very real risk she would harm herself and a very very real risk that she would cause physical harm to her baby. ... On the exceptional facts of this case I was wholly satisfied that the balance fell decisively in favour of making the [Reporting Restrictions Order]. It was the only proportionate course to be taken to secure the safety of the mother and of the child. ... At the hearing on 6 May it was agreed by all parties that the RRO had served its time limited purpose. I, therefore, discharged the order. ... I am in no doubt that the only order I can make in EW's welfare best interests is an interim care order." | 2014-06-10 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Sheffield Teaching Hospitals NHS Foundation Trust v TH [2014] EWCOP 4, [2014] MHLO 37 — "On the 14th May 2014 I granted declarations in respect of TH, a 52 year old man presently in a minimally conscious state at what has been described as the lower end of the spectrum of that condition (i.e. a very profound disorder of consciousness). There is no doubt TH lacks capacity to litigate in these proceedings and also lacks the capacity to give or withhold consent to his medical treatment. ... In relation to withdrawal of nutrition and hydration I am persuaded that the correct course is to adjourn this issue to provide for a structured clinical assessment to evaluate whether there is evidence that TH's primary neurological pathways are sufficiently intact to permit any evidence of awareness to be detected and fully to assess, over a set period of time, TH's general awareness, responsiveness and capacity to experience pain. The National Clinical Guidelines have been drawn to my attention in some detail and Professor Barnes has highlighted the benefits of a standard assessment ..→ | 2014-06-10 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| An NHS Foundation Hospital v P [2014] EWHC 1650 (Fam), [2014] MHLO 35 — "This short judgment explains the reasons for an order I have just made as the out of hours judge in the middle of the night on 13th and 14th May 2014 on an extremely urgent application by a hospital foundation trust for a declaration that it is lawful for its doctors to treat a seventeen-year-old girl following a drug overdose notwithstanding her refusal to consent to that treatment." | 2014-06-08 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| The Public Guardian v JW [2014] EWCOP B24 , [2014] MHLO 34 (COP) — "In his application to the court, the Public Guardian sought two orders. The first was for the revocation of the LPA and the second was for the appointment of a panel deputy." | 2014-06-08 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re Gladys Meek [2014] EWCOP 1, [2014] MHLO 32 — "This is the hearing of an application by Mr Hugh Adrian Scott Jones, the property and affairs deputy for Gladys Meek, for: (i) authority pursuant to section 18(1)(i) of the Mental Capacity Act 2005 to execute a statutory will on behalf of Mrs Meek; and (ii) consequential directions in relation to Mrs Meek’s property and affairs, and in particular: (a) an order calling in the £275,000 security bond of Mrs Meek’s two former property and affairs deputies, Mrs Janet Miller and Mrs Margaret Phyllis Johnson; and (b) a direction as to whether the deputy should refer the conduct of Mrs Miller and Mrs Johnson to the police." | 2014-05-18 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Northamptonshire Healthcare NHS Foundation Trust v ML [2014] EWCOP 2, [2014] MHLO 31 — "The Applicants seek declarations that: (i) ML lacks capacity to litigate and/or to make decisions about his care and /or residence; (ii) it would be in ML's best interest to reside at Bestwood Hospital; (iii) it would be in ML's best interest to undergo treatment at Bestwood Hospital until such time as he is able to be discharged to a suitable assisted living package in the community. Behind these deceptively simple draft declarations is a history of professional and family conflict which has frequently been bitter and occasionally rancorous (amongst the professionals). It is a case which has engendered many high emotions in people who feel strongly about the important nature of the work they are involved in and who are very highly motivated to achieve the best outcomes for ML. Some, though certainly not all, witnesses have overstated their cases, been selective in their use of material, emotive in their use of language, disrespectful to those who hold contrary views. In consequence, ..→ | 2014-05-18 | 2014 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Milton Keynes Council v RR [2014] EWCOP B19, [2014] MHLO 30 — Having described the council's conduct as "woefully inadequate from the start" the judge declared that there had been breaches of Article 5 and Article 8. | 2014-05-18 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| LB Redbridge v G (No 3) [2014] EWCOP 1361, [2014] MHLO 29 — "These are personal welfare proceedings in the Court of Protection. They relate to an elderly lady, G, who is 94 years old. She is represented by the Official Solicitor as her litigation friend. The proceedings were launched, in circumstances I describe below, by the London Borough of Redbridge. The two other parties to the proceedings are G's two carers, C and F. I have before me an application by Associated Newspapers Limited (ANL), publishers of the Daily Mail." | 2014-05-10 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| LB Redbridge v G (No 2) [2014] EWCOP 959, [2014] MHLO 28 — "It seems to me that, weighing these matters one against the other, it is not in G's best interests for her to be able or permitted to communicate with the press at this stage; she has expressed at least ambivalent feelings, it appears, about the engagement of the media. I am further concerned that any private information which G vouchsafes to a journalist at this stage may, of course, be exposed to more public examination in the event that the Reporting Restriction Order is subsequently varied or discharged. Until the court can take a clearer view about G's capacity to make such relationships with the press it is, in my judgment, clearly in G's best interests that I should make an interim order that she should not make such communications. ... The second matter which I have been invited to adjudicate upon is what, if any, role should be played by the Applicant authority in the interim period between now and the 2nd May hearing. ... I therefore propose to accede to the application of ..→ | 2014-05-10 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| Re MRJ (Reconsideration of Order) [2014] EWCOP B15, [2014] MHLO 27 — "This is an application to reconsider an order I made on 27 September 2013: (a) suspending the applicants from acting as MRJ's attorneys under a Lasting Power of Attorney ('LPA') for property and financial affairs until further order; and (b) appointing the authorised officer of Suffolk County Council as MRJ's interim deputy with instructions to investigate the applicants' management of her finances. ... In my judgment, the revocation of the LPA is in MRJ's best interests. It is in accordance with the law, and it is a necessary and proportionate response for the prevention of crime and for the protection of MRJ's right to have her financial affairs managed competently, honestly and for her benefit." | 2014-05-10 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| The Local Authority v HP [2013] EWCOP B40, [2013] MHLO 145 — "The Local Authority have brought proceedings in respect of HP in the Court of Protection and seek final declarations that she lacks the capacity to, firstly, litigate; secondly, marry; thirdly consent to sexual relations; fourthly decide what care package to accept; fifthly, decide where to live and with whom; and, sixthly, decide to have contact with her family and others. ... They now accept that it is not necessary for a declaration in respect of capacity to marry. ... The Local Authority also ask that the court should consider, firstly, whether authorisation should be granted as to HP's deprivation of liberty, and, second, a declaration as to the medical issues of contraception by Depo-Provera injection, and whether it continues to be in her best interest to be provided with such treatment." | 2014-05-02 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R (LH) v Shropshire Council [2014] EWCA Civ 404, [2014] MHLO 18 — "This is an appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre. LH is 63 years old, has a learning disability, has been assessed as having substantial care needs and has been using the services of Hartleys Day Centre in Shrewsbury. Shropshire Council has decided to close that day centre as a result of its re-thinking of day centre care in the county; that re-thinking is itself a result partly of budgetary constraints and partly of encouragement from central Government to give disabled people their own personalised budget for spending in relation to their disability. The Council contends that it consulted generally about the new system which it brought in and made clear that some day centres would close; LH contends by JL (her litigation friend and sister) that LH and others should have been consulted in relation to the closure of Hartleys itself before it occurred. ..→ | 2014-04-07 | 2014 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Cheshire West and Chester Council v P [2014] UKSC 19 — (1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty. | 2014-03-20 | 2014 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| The Local Authority v Mrs D [2013] EWHC B34 (COP), [2013] MHLO 140 — "These proceedings were heard in private however this judgement is being published at the request of the respondents in order to explain the thinking of the court when approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998 ('HRA'), which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR. ... However, despite this non-admission of liability, the Local Authority had offered in compromise: (a) an apology to Mrs D for the delay in bringing these proceedings; (b) to pay a sum of £15,000 to Mrs D; (c) to pay the reasonable costs of the action incurred by Mrs D's litigation friend; (d) to pay a sum of £12,500 to her husband Mr D; (e) to pay Mr D's reasonable costs of the action. ... For all of the above reasons therefore, the Court's view was that the totality of the compromise represented a reasonable settlement and in the circumstances represented sufficient satisfaction for the alleged breaches of ..→ | 2014-03-05 | 2013 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Newcastle upon Tyne Hospitals Foundation Trust v LM [2014] EWHC 454 (COP), [2014] MHLO 14 — "On 18 February, an application was made by the Newcastle upon Tyne Hospitals Foundation Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah's Witness. ...At the end of the hearing I granted the application and made the following declaration: 'It shall be lawful for the doctors treating LM to withhold blood transfusions or administration of blood products notwithstanding that such treatments would reduce the likelihood of her dying and might prevent her death.' ... I find that LM made a decision that the doctors rightly considered must be respected. In the alternative, if LM had not made a valid, applicable decision, I would have granted the declaration sought on the basis that to order a transfusion would not have been in her best interests. Applying s.4(6) in relation to the specific issue of blood transfusion, her wishes and feelings and her long-standing beliefs and values carried determinative weight. ..→ | 2014-03-05 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| LB Redbridge v G [2014] EWHC 485 (COP), [2014] MHLO 13 — "Before the case can proceed any further a decision has to be reached as to capacity; if G lacks capacity and if she does whether it is because of mental impairment within the meaning of the MCA sections 2 and 3 or if not whether she is a vulnerable adult deprived of capacity by constraint, coercion or undue influence and so entitled to the protection of the court under its inherent jurisdiction. ... I have found, on the balance of probabilities, that G lacks capacity under sections 2 and 3 of the MCA 2005 and accordingly this case falls under the jurisdiction of the Court of Protection. I do not consider it necessary to rule on any application under the inherent jurisdiction. ... The Public Guardian asked that the court vary the order of the 15th November 2013 directing C not to exercise any of the powers conferred on her under the LPA in respect of G in relation to her health and welfare. It is my intention to so direct. ... Rule 90 (3) allows me to authorise any person or class of ..→ | 2014-03-05 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| JS v KB and MP (Property And Affairs Deputy for DB) [2014] EWHC 483 (COP), [2014] MHLO 12 — "This cautionary tale illustrates vividly the dangers of informal family arrangements for an elderly relative who lacks mental capacity, made without proper regard for: (i) the financial and emotional vulnerability of the person who lacks capacity; and (ii) the requirements for formal, and legal, authorisation for the family's actions, specifically in relation to property and financial affairs. ... For the reasons set out above, the order I make is that: (i) JS shall pay four-fifths of the deputy's litigation costs to date; (ii) JS shall pay two-thirds of the litigation costs of KB. Given the possibility that JS will be unable to fund the costs within a reasonable time, either from the sale of the Spanish property or otherwise, I propose to allow MP to explore the mechanics of an equity release scheme to permit JS to discharge her liability for costs by way of a loan against the equity in Beech Avenue. I give MP leave to apply for such a scheme. ... I give further leave to MP to ..→ | 2014-03-05 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Westminster City Council v Sykes [2014] EWHC B9 (COP), [2014] MHLO 11 — "It is my view that it is in Ms S's best interests to attempt a one-month trial of home-based care. Very helpfully, at the end of the final hearing the local authority told me that if I rejected its primary case, and decided on such a trial, they would put a transitional plan in place to enable the trial to proceed. ... Having thought about the issue carefully, I have decided on balance - and it is quite finely balanced - that lifting the usual veil of anonymity is appropriate. In my opinion this is a relatively unusual case where the case for being named outweighs that in favour of continuing the usual anonymity. MS’s personality is a critical factor. She has always wished to be heard. She would wish her life to end with a bang not a whimper. This is her last chance to exert a political influence which is recognisable as her influence." | 2014-03-04 | 2014 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re ES: Kent County Council v PLC and AJS [2014] EWHC B6 (COP), [2014] MHLO 10 — "Because there has been a challenge to their competence and integrity, which AJS and PLC have failed to rebut, it would not be in ES’s best interests to appoint either of them to be her deputy for property and affairs. ... I decided that, in the first instance, the court would approach ES’s own solicitors, Hallett & Co, to see whether they would be willing to act, failing which a panel deputy would be appointed." | 2014-03-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Heart of England NHS Foundation Trust v JB [2014] EWHC 342 (COP), [2014] MHLO 9 — "My conclusion is that JB undoubtedly has a disturbance in the functioning of her mind in the form of paranoid schizophrenia (as to which she lacks insight), but that it has not been established that she thereby lacks the capacity to make a decision about surgery for herself. On the contrary, the evidence establishes that she does have capacity to decide whether to undergo an amputation of whatever kind. She now appears to be open to having the below-knee operation that the doctors recommend. Whether she has it will be a matter for her to decide for herself with the support of those around her." | 2014-03-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re DP (Revocation of LPA): OPG v John Marney [2014] EWHC B4 (COP), [2014] MHLO 8 — "Having regard to all the circumstances, therefore, I am satisfied that JM has behaved in a way that has both contravened his authority and has not been in DP's best interests. Accordingly, I revoke the LPA under section 22(4)(b) of the Mental Capacity Act 2005 and direct the Public Guardian to cancel the registration of the instrument under paragraph 18 of Schedule 1 to the Act. I also direct that a member of the panel of deputies be invited to make an application to be appointed as deputy to manage DP's property and affairs." | 2014-03-04 | 2014 cases, Judgment available on Bailii, LPA cases - revocation, No summary, Transcript |
| Re X, Y and Z (Minors) [2014] EWCOP 87 — "On 20th and 29th November 2013, sitting as a judge in the Family Division and in the Court of Protection, I made final orders by consent in two conjoined proceedings (1) under Part IV of the Children Act 1989 care orders in respect of three children and (2) under the Mental Capacity Act 2005 authorising the payment of sums to facilitate the care of the children from funds held in trust for their mother who is a person lacking capacity within the meaning of the 2005 Act. This judgment sets out the reasons for making those orders." | 2014-03-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Practice Guidance (Transparency in the Court Of Protection) [2014] EWHC B2 (COP), [2014] MHLO 5 — "The Guidance will have the effect of increasing the number of judgments available for publication (even if they will often need to be published in appropriately anonymised form)." | 2014-03-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re PW (Court of Protection Order) [2014] EWHC B8 (COP), [2014] MHLO 4 — "The applicant in this matter, Sunderland City Council, brings these proceedings for committal against Lindsey M for breach of an order which this court made on 14th October 2013. ... Lindsey M admits that on 28th October she breached the order which the court had made and therefore brought herself within breach of the suspended order for imprisonment which the court had made on 14th October. Upon that date the court made a suspended order, which was suspended upon the basis that she complied with the previous court order and that she did not seek to have contact, or go into the property of PW. ... In all the circumstances, it seems to me that before I determine what is an appropriate sentence in all the circumstances it would be preferable to see whether Miss M, in fact, does carry out what she says to the court she will do, namely not to have a relationship with PW. I make it clear for Miss M's sake that if there are no further breaches then I will deal with the admitted breach by ..→ | 2014-03-04 | 2014 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| AB v LM [2013] EWHC 1234 (COP), [2013] MHLO 139 — "I find on paying close attention to Dr P's advice, but also considering the contribution of Dr G, that Lisa does possess the abilities required to lead to the conclusion that she has capacity to make decisions about whether or not to have sexual relations. She is somebody who has been full to sexually active in the past; she has had children; she understands the rudiments of the sexual act; she has a basic understanding of issues of contraception and the risks of sexually transmitted diseases. The area in which she is weakest is her ability to understand the implications for herself should she become pregnant. Pregnancy for Lisa would be an extremely serious state of affairs; there can be no doubt about that. But her weakness in that respect does not, for me, lead to the conclusion that her capacity is absent; it argues for her to receive continued safeguarding and help, advice and explanation as and when the question of sexual activity might become a reality." | 2014-02-15 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Sex and marriage cases, Transcript |
| Arshad v Court of Magistrates Malta [2013] EWHC 3619 (Admin), [2013] MHLO 138 — Extradition case with mental health background. | 2013-12-30 | 2013 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R v G (A) [2013] EWCA Crim 2256, [2013] MHLO 130 — Unsuccessful appeal against restriction order. | 2013-12-30 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Restriction order cases, Transcript |
| R v Fry (David George) [2013] EWCA Crim 2337, [2013] MHLO 126 — Unsuccessful appeal against conviction. Summary from judgment: "The central complaints are that his legal team (a) failed to ensure that he was mentally and/or emotionally able to decide whether or not on give evidence; (b) failed to ensure that he properly understood that an adverse inference might be drawn by the jury if he did not give evidence; (c) failed to ensure that he properly understood that if he did not give evidence the jury would have no account from him as to the allegation made by SB, given that he had declined to answer questions during his police interview about those allegations; (d) failed to make the judge aware of his mental difficulties before she decided whether or not the jury should be directed that they might, subject to various conditions, draw an adverse inference from his failure to give evidence; (e) failed to place evidence of his mental condition before the jury to explain his failure to give evidence; and (f) in the circumstances to which we have ..→ | 2013-12-30 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other criminal law cases, 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. | 2013-12-21 | 2013 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re P (A Child) [2013] EWHC 4048 (Fam), [2013] MHLO 116 — Decision of Munby P on reporting restrictions in 'forced caesarian' case - full judgment, including detailed chronology. | 2013-12-17 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R (Muaza) v SSHD [2013] EWHC 3764 (Admin), [2013] MHLO 112 — "These two cases raise common issues over the lawfulness of the exercise by the Secretary of State for the Home Department of her powers of detention in respect of immigration detainees whose refusal to take food and fluids causes them life threatening physical conditions, and over whether there comes a stage at which such a detainee's continued detention after the refusal to take food or fluids involves a breach of rights under Articles 2 and 3 of the European Convention on Human Rights." | 2013-12-15 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Repatriation cases, Transcript |
| Re PO: JO v GO [2013] EWHC 3932 (COP), [2013] MHLO 110 — Judgment relating to Hague Convention on the International Protection of Adults 2000 and MCA 2005 sch 3. | 2013-12-13 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re P (A Child) [2013] EWHC 4383 (Fam), [2013] MHLO 106 — Decision of Charles J on reporting restrictions in 'forced caesarian' case. | 2013-12-11 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| Re AA [2012] EWHC 4378 (COP), [2012] MHLO 182 — Judgment of Mostyn J in 'Italian forced caesarian' case. | 2013-12-04 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re P (A Child) [2013] EW Misc 20 (CC), [2013] MHLO 103 — Care proceedings judgment in 'Italian forced caesarian' case. | 2013-12-03 | 2013 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re M (Best Interests: Deprivation of Liberty) [2013] EWHC 3456 (COP), [2013] MHLO 97 — "These Court of Protection proceedings under Section 21A of the Mental Capacity Act 2005 were brought in May 2013 on behalf of a 67-year-old lady named M. ... M wants to return to her own home, a bungalow that, until she went into residential care, she had shared for much of the time with her partner of 30 years." | 2013-11-12 | 2013 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| A Local Authority v SY [2013] EWHC 3485 (COP), [2013] MHLO 96 — "It is plain from all of the evidence before me that SY lacks the capacity to litigate and the capacity to make decisions about her residence, her contact with others, her care package and to enter a contract of marriage. I find the care package proposed by the authority and the orders sought are in SY's best interests. Accordingly, I make all of the orders sought. I am satisfied that, on the facts of this case, the appropriate and proportionate course is for the court, of its own motion, to invoke the inherent jurisdiction of the High Court and to make the declaration that the ceremony in which SY was involved on 10 June 2012 was a non-marriage." | 2013-11-12 | 2013 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| Aintree University Hospitals NHS Foundation Trust v David James [2013] UKSC 67, [2013] MHLO 95 — "This is the first case under the Mental Capacity Act 2005 to come before this Court. That Act provides for decisions to be made on behalf of people who are unable to make decisions for themselves. Everyone who makes a decision under the Act must do so in the best interests of the person concerned. The decision in this case could not be more important: the hospital where a gravely ill man was being treated asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold from him treatment which will keep him alive? On the other hand, when can it be in his best interests to inflict severely invasive treatment upon him which will bring him next to no positive benefit?" | 2013-10-31 | 2013 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| A Local Authority v ED [2013] EWHC 3069 (COP), [2013] MHLO 92 — "The issues: (1) Does she have litigation capacity? (2) Does she have capacity to make decisions as to: (i) Where she should live; (ii) Contact; (iii) Her personal care needs; (iv) The removal of her pubic hair; (v) Whether or not she can consent to give an Achieving Best Evidence interview. (3) If the answer to any of the above is 'no', what are her best interests in respect of each? (4) Should there be a protocol governing the enquiries to be made, (which could be used in the investigation by the police/Local Authority and/or Official Solicitor if in post), of purported allegations made by her as to, for example, physical assaults upon her? If yes, what should be the operative terms and conditions of such a protocol?" | 2013-10-23 | 2013 cases, Best interests, COP costs cases, Judgment available on Bailii, No summary, Transcript |
| A Local Authority v TZ [2013] EWHC 2322 (COP), [2013] MHLO 91 — "The principal issue to be determined in this judgment in proceedings brought in the Court of Protection is whether a 24-year-old man, whom I shall hereafter refer to as TZ, has the capacity to consent to sexual relations." | 2013-10-04 | 2013 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| MK v JK [2013] EWHC 4334 (COP), [2013] MHLO 81 — "MK made an application to the court to be appointed Personal Welfare Deputy for JK and that is how these proceedings commenced. However, all parties accept that the one issue is residence and that it is to be determined by a court ... it is in his best interests to move to the CNC Home on the basis that his placement at the Home will be retained for eight weeks so that he has somewhere to return should the move to the CNC Home fail... I think it would be very rare for the court to consider it right to delegate its issue-resolving function to a Deputy on any significant issue of principle such as residence, type of care, treatment and such like ... Article 8 of the Convention rights ... I do think that putting in place a State-appointed decision-maker – which is what a Deputy is – is a considerable interference with family life and would therefore have to justify the twin requirements of legitimate aim and proportionality. One can never say never, but it is hard at the moment to ..→ | 2013-08-30 | 2013 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| A Local Authority v WMA [2013] EWHC 2580 (COP), [2013] MHLO 79 — "The case concerns the future of a twenty five year old man, WMA, and where he should live plus what help should be given to him. It raises complex issues about best interests and deprivation of liberty. ... there is no doubt in my mind it is WMA's best interests to move to B ... if one looks at WMA's isolation, the refusal to engage with outside agencies, the poor conditions in the home and the absence of friends, save one for MA, of both mother and son and contrasts them with the opportunities for WMA at B then the opportunity for a higher quality private life is clear. ... I confess for my part it is not easy to follow the reasoning of the Cheshire West decision. That said, I agree strongly with the Official Solicitor that moving WMA to B would be a deprivation of liberty ... The local authority now concedes there will be a deprivation of liberty, at least because the move will be involuntary. I would go further and note that WMA at least in the short term objects to the ..→ | 2013-08-24 | 2013 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| An NHS Trust v DE [2013] EWHC 2562 (Fam), [2013] MHLO 78 (COP) — "In my judgment it is overwhelmingly in DE’s best interests to have a vasectomy. That being said the court does not make such an order lightly, conscious as it is that for the court to make an order permitting the lifelong removal of a person’s fertility for non-medical reasons requires strong justification." | 2013-08-16 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Pearce v Beverley [2013] EW Misc 10 (CC) — "This is a claim by the Claimant, Colette Pearce following the death of her father, John Pearce on 23rd July 2008. Colette Pearce seeks to challenge a number of transactions made by her father which are said to be subject to the undue influence of the Defendant, Elizabeth Beverley or are otherwise voidable. She also challenges the validity of the will he purported to make on 20th June 2007. ... In the circumstances Elizabeth Beverley has not satisfied me that John Pearce had the capacity to make a will on 20th June 2007." | 2013-08-16 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| An NHS Trust v L [2012] EWHC 4313 (Fam), [2012] MHLO 180 (COP) — "By application made on 6 August 2012 an NHS Trust seeks a declaration that in the event of a patient, called "Mr L" for the purposes of these proceedings, suffering a cardiac arrest and/or a respiratory arrest and/or other serious deterioration in his condition, it would not be in his best interests for active resuscitation and/or other similar treatment to be provided. ... I am persuaded that the balance comes down firmly against the provision of active resuscitation and/or other similar treatment and in favour of granting the Trust's application. ... Harsh though it will sound, in my judgment to take the opposite course would indeed be, as was said in the evidence, to prolong Mr L's death and not to prolong, in any meaningful way, his life. I repeat Dr Bell's powerful analysis - It would result in Mr L's death being characterised by a series of harmful interventions without any realistic prospect of such treatment producing any benefit." | 2013-08-14 | 2012 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Loughlin v Singh [2013] EWHC 1641 (QB), [2013] MHLO 71 — "On 28 October 2002, when he was 12 years old, the Claimant was seriously injured in a road traffic accident. He was riding his bicycle when he was struck by a vehicle driven by the First Defendant. This was a trial for an assessment of damages, in which a number of contested issues fell to be resolved. ... The parties are in dispute as to whether the Claimant has capacity to conduct litigation and manage his property and affairs. ... Therefore, I conclude, notwithstanding the legal presumption in favour of capacity, that the Claimant does not have capacity within the relevant legal definition. ... Annex: Professor Barnes' evidence is so unreliable that it should be rejected for the following reasons... District Judge Eldergill was unaware, when he made the order on 28 April 2010 appointing Mr Hugh Jones as the Claimant's deputy, that there was any medical evidence to the effect that the Claimant had capacity. He was not told about Dr Huddy's report, nor did he have any inkling of the ..→ | 2013-08-08 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| RC v CC [2013] EWHC 1424 (COP), [2013] MHLO 68 — "The main application before the court is in fact not by CC but by her birth Mother RC. There was indirect contact between CC and RC until 2010/11 at a rate of 6 or 12 monthly letters, drawings, photographs and cards organised by the adoption agency [Birmingham City Council] through the adoptive Mother. That indirect contact stopped when the adoptive parents separated. By her application dated 2nd October 2012 to the Court of Protection RC applies to reintroduce such indirect contact. I suspect [but have not been formally told] that she would of course like direct contact in due course were it feasible. The case is highly unusual in that ordinarily a birth parent cannot by application to a court reintroduce herself to a birth child after adoption. It is only CC's incapacity that enables an application to be made." | 2013-08-08 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| An NHS Foundation Trust v M and K [2013] EWHC 2402 (COP), [2013] MHLO 67 — "The painful and difficult issues now to be faced by M's family, the medical team that have cared for him so diligently over many years, and ultimately this court, is to what extent should M be treated in Intensive Care or be given cardio-pulmonary resuscitation in the event that there is a further deterioration in his condition." | 2013-08-08 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Republic of South Africa v Dewani [2013] EW Misc 8 (MC) — Immigration case. | 2013-08-08 | 2013 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (T (Sri Lanka)) v SSHD [2013] EWHC 1093 (Admin), [2013] MHLO 62 — Immigration case. | 2013-08-08 | 2013 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| A Local Authority v HS [2013] EWHC 2410 (COP), [2013] MHLO 58 — "These applications for costs against the local authority are made by the Official Solicitor on behalf of the First Respondent and by the Third Respondent, HLS, who is the brother of the First Respondent." | 2013-08-01 | 2013 cases, COP costs cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Re Joan Treadwell (Deceased); OPG v Colin Lutz [2013] EWHC 2409 (COP), [2013] MHLO 57 — "This judgment concerns an application by the Public Guardian to enforce a security bond in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and affairs, Colin Lutz." | 2013-08-01 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| Sandwell MBC v RG [2013] EWHC 2373 (COP), [2013] MHLO 55 — "I have been told that within the area of this particular local authority there are a number of incapacitated adults who have been the subject of arranged or forced marriages, and that it is important to send a strong signal to the Muslim and Sikh communities within their area (and, indeed, elsewhere) that arranged marriages, where one party is mentally incapacitated, simply will not be tolerated, and that the marriages will be annulled. ... Like the Official Solicitor, I am completely unpersuaded that his best interests require or justify that it is now annulled." | 2013-07-30 | 2013 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| Re SK [2013] MHLO 49 — "This is the final hearing of proceedings under the Mental Capacity Act 2005 concerning Mr SK, a mentally incapacitated adult aged 56. Various questions and issues have arisen at this hearing, but in the end they have mostly been dealt with by agreement. This Judgment is concerned with the question of SK's residence and whether the order made should be a 'final' or 'interim' order." [Summary required, but detailed external summary available.] | 2013-07-04 | 2013 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Other capacity cases, Transcript |
| Y County Council v ZZ [2012] EWHC B34 (COP), [2012] MHLO 179 (COP) — "This is an application made by Y County Council in the Court of Protection in relation to Mr ZZ, a man of young middle age. I am invited to make a number of declarations in relation to Mr ZZ. First, I am asked to find that he lacks litigation capacity on the issues in this case. Second, I am invited to declare that he lacks capacity to decide upon the restrictions relevant to supporting his residence and care. Finally, I am asked to declare that he is being deprived of his liberty, but that it is lawful as in his best interests pursuant to schedule A1 of the Mental Capacity Act 2005. Mr ZZ is represented by the Official Solicitor. He has been present throughout the hearing and has conducted himself with dignity throughout. Indeed, he gave unsworn, oral evidence before me in an entirely courteous and helpful way." | 2013-06-06 | 2012 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| SL v Westminster City Council [2013] UKSC 27, [2013] MHLO 45 — "The short issue raised by this appeal is whether the respondent (SL), a failed asylum-seeker, was at the relevant time in need of 'care and attention', requiring the provision of accommodation by the local authority under section 21(1)(a) of the National Assistance Act 1948. Burnett J decided that he was not, but that decision was reversed by the Court of Appeal ... I consider that Burnett J reached the right result for substantially the right reasons." | 2013-05-11 | 2013 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Re GM: MJ and JM v The Public Guardian [2013] EWHC 2966 (COP), [2013] MHLO 44 — "The applicants ... have applied to the court for the retrospective approval of a number of gifts they have made from GM’s funds to themselves, their families, some friends and several charities, and also for the court to agree what they have described as their deputyship expenses. ... I have no hesitation in revoking their appointment as deputies. GM’s finances are in disarray because of their conduct, and it is in her best interests that someone with experience of cases of unjust enrichment and restitution, such as a panel deputy, is appointed to manage her affairs in their place." | 2013-05-07 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Bialek v Circuit Court in Warsaw Poland [2013] EWHC 930 (Admin), [2013] MHLO 39 — Extradition case with psychiatric element. | 2013-05-05 | 2013 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Repatriation cases, Transcript |
| Greaves v Stolkin [2013] EWHC 1140 (Ch), [2013] MHLO 36 — "Mr Leslie Stolkin ..., some seven weeks before his death, executed a codicil. This case concerns the validity of that document. ...[O]ne of the deceased's sons, Mr Gary Stolkin ... disputes the validity of the Disputed Codicil on two grounds: (i) Want of testamentary capacity; and (ii) Want of knowledge and approval. ... In my judgment, the Disputed Codicil is valid, and it should be admitted to probate." | 2013-05-04 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| RC v NHS Islington [2013] UKUT 167 (AAC), [2013] MHLO 34 — "This is an appeal by a patient, brought with my leave, against a decision of the Mental Health Review Tribunal for Wales refusing an application for the postponement of the hearing of the patient’s appeal. ... The grounds of appeal argue that the ... policy on which the decision was based, of not postponing hearings other than to a fixed date, was unlawful and in any case there was nothing to prevent the tribunal from fixing a new date for the hearing even if the postponement was granted. ... The result of what I have held to be a flawed approach by the tribunal in relation to the patient’s application for a postponement in this case may have had serious consequences. Rather than proceed with a hopeless appeal, the patient was forced to withdraw his application to the tribunal. Although his subsequent appeal was successful, the tribunal’s refusal of the initial postponement application may have resulted in the patient’s detention for longer than would otherwise have been ..→ | 2013-04-22 | 2013 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| 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 ..→ | 2013-03-28 | 2013 cases, Judgment available on Bailii, Miscellaneous cases, 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 ..→ | 2013-03-28 | 2013 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (Chatting) v Viridian Housing [2012] EWHC 3595 (Admin), [2012] MHLO 177 — "This litigation arises out of what may be loosely called the reorganisation by Viridian Housing, the charity which owns the premises, of the arrangements for the provision of care to residents of the building in which Miss Chatting lives. ... On behalf of Viridian Housing, Mr Christopher Baker urged upon me that the relief sought against his client – namely, declarations that in transferring responsibility for Miss Chatting's care to another organisation Viridian were in breach of a compromise agreement made in earlier litigation and had infringed article 8 of the European Convention on Human Rights – was academic and should not in any event be granted. On behalf of Miss Chatting Mr Stephen Cragg pursued claims for those declarations, as well as a declaration that Wandsworth Borough Council had acted unlawfully in its management of the transfer of Miss Chatting's care, in that it had failed to ensure that care was provided to her in a way that meets her assessed needs and takes ..→ | 2013-03-28 | 2012 cases, Community care, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| A County Council v E [2012] EWHC 4161 (COP), [2012] MHLO 176 — "This case involves the personal welfare of two young women, E and K. E is 26 years old and K is 24. Both have a diagnosis of Fragile X syndrome and associated learning disabilities, as confirmed by a consultant psychiatrist in a report of 7 August 2010. E is selectively mute. K also has a diagnosis of Attention Deficit Hyperactivity Disorder ('ADHD')." | 2013-03-28 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| HT v CK [2012] EWHC 4160 (COP), [2012] MHLO 175 — "This decision deals with residence, contact and financial arrangements for CK ('C' or 'Ms K'). In particular, the court must decide whether it is in her best interests to remain where she is living and the appropriate contact arrangements" | 2013-03-28 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| PB v RB [2012] EWHC 4159 (COP), [2012] MHLO 174 — "This decision deals with a fact-finding hearing held on 10-12 September 2012. ... The local authority sought to prove 13 alleged facts ... " | 2013-03-28 | 2012 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re RGS [2012] EWHC 4162 (COP), [2012] MHLO 173 — "RGS is the person concerned in these proceedings ('P'). The decision for the court is whether one of the parties, his son RBS, has litigation capacity. RBS insists he has, others are less sure." | 2013-03-28 | 2012 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R (Das) v SSHD [2013] EWHC 682 (Admin), [2013] MHLO 28 — "The Claimant's submission in these proceedings is that at the time of the second period of detention she suffered from a mental illness, in the form of depression and post traumatic stress disorder ("PTSD"), and that in detaining her the Secretary of State acted contrary to, or without having proper regard to, his own policy regarding detention of persons suffering from mental illness. This means that her detention was unlawful, as being in breach of the Claimant's legitimate expectation that the Secretary of State would take into account and abide by his policy in this regard. ... The Claimant is entitled to a declaration that the entire second period of detention was unlawful. However, she is only entitled to nominal damages for false imprisonment in relation to that detention." | 2013-03-28 | 2013 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| JP v South London and Maudsley NHS Foundation Trust [2012] UKUT 486 (AAC) — "The grounds of appeal related to the Tribunal’s finding that he suffered from a mental disorder; the insufficiency of the Tribunal’s reasons for their decision that the appellant was to continue to be detained under section 2, and to his view that there had been a breach of his right to a fair hearing under Article 6 of the European Convention on Human Rights. He made seven specific submissions on this which I shall address hereafter. At the hearing the appellant also raised a breach of Article 9 of the Convention – his right to freedom of thought, and submitted that the Mental Health Act 1983 was flawed." | 2013-03-27 | 2012 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| R v Coley [2013] EWCA Crim 223, [2013] MHLO 23 — "We have heard these three cases in succession because they have some features in common. Each raises a (different) question connected with the interplay between the law relating to voluntary intoxication and the law relating to insanity or (non-insane) automatism. Each calls, however, for consideration of its very particular facts. Neither individually nor collectively do they provide an occasion for any wide-ranging general statement of the law of insanity, still less of loss of capacity generally. We know that this area of the law is under active consideration by the Law Commission, which work will, we think, be of value. Although there have historically been very few cases which raise insanity, that has been because the statutory provisions governing the disposal orders which must be made if there is a verdict of insanity have historically inhibited attempts to rely on it. More recent changes in those disposal provisions may well lead to an increase in numbers. Any review must, ..→ | 2013-03-27 | 2013 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| SRA decision: Billy Chucks of Chris Solicitors [2013] MHLO 22 (SRA) — "It is reported that whilst employed by various legal practices: Mr Chucks failed to comply with restrictions on his attendance imposed by a number of hospital trusts, and that he prepared a “consent to disclosure” request at a hospital for a client who has confirmed that he had not instructed Mr Chucks to act on his behalf, and that he improperly removed clients’ files/documentation without authority from a former employer. Those papers have not yet been returned. ... I FIND that Mr Billy Chucks, (Date of birth: 23 August 1975) of [London] who is or was involved in legal practice but is not a solicitor has, in the Society’s opinion occasioned or been a party to, with or without the connivance of a solicitor, an act or default in relation to a legal practice which involved conduct on his part of such a nature that in the Society’s opinion it would be undesirable for him to be involved in a legal practice in one or more of the ways mentioned in sub-section (1A) of Section 43. ..→ | 2013-03-27 | 2013 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, SRA decisions, Transcript |
| NT v FS [2013] EWHC 684 (COP), [2013] MHLO 18 — "This is an application by NT ("the Deputy") for authority to execute a statutory will on behalf of FS ("F"). There is no dispute that F lacks the capacity to make such a will. There is equally no dispute that it is in his best interests that such a will be made. There are a large number of Respondents to the application each of whom are potential beneficiaries under such a will. There are, however significant disputes between them as to the provisions of such a will." | 2013-03-26 | 2013 cases, Judgment available on Bailii, No summary, Statutory will cases, Transcript |
| Aintree University Hospitals NHS Foundation Trust v David James [2013] EWCA Civ 65, [2013] MHLO 17 — "On 6th December 2012 Mr Justice Peter Jackson ... declined to make the declarations sought by the appellant, the hospital treating DJ, that subject to the agreement of his clinical team, it would be lawful, being in his best interests, for the following treatment to be withheld in the event of a clinical deterioration: cardiopulmonary resuscitation; invasive support for circulatory problems; renal replacement therapy in the event of deterioration in renal function." The Court of Appeal allowed the Trust's appeal. | 2013-03-26 | 2013 cases, Best interests, Judgment available on Bailii, No summary, 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)." | 2013-03-26 | 2012 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re Buckley: The Public Guardian v C [2013] EWHC 2965 (COP), [2013] MHLO 13 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney (‘LPA’) and to direct him to cancel the registration of the LPA. ... Having regard to all the circumstances, therefore, I am satisfied that: (a) the attorney has contravened her authority and acted in a way that is not in Miss Buckley’s best interests; (b) Miss Buckley is incapable of revoking the LPA herself; (c) the revocation of the LPA in order to facilitate the appointment of a deputy is both a necessary and proportionate response for the protection of Miss Buckley’s right to have her financial affairs managed competently, honestly and for her benefit, and for the prevention of crime; and (d) it is in Miss Buckley’s best interests that the court should revoke the LPA." | 2013-03-26 | 2013 cases, Judgment available on Bailii, Judgment available on MHLO, LPA cases - revocation, No summary, Transcript |
| WCC v AB [2012] MHLO 168 (COP) — Whether AB's aunt should be appointed as litigation friend. | 2013-03-26 | 2012 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Other capacity cases, Transcript |
| LB Waltham Forest v WD [2010] MHLO 195 — "The issues which I have to consider are four fold: first, WD’s future accommodation and residence; secondly, his contact arrangements with other members of his family; thirdly, the application by the Local Authority for the appointment of a deputy under the Mental Capacity Act 2005; and fourthly, whether or not these proceedings should now come to an end. Other matters of the care plan are fully agreed between the parties. As I have said, the plan put before me is comprehensive and this court is happy to endorse it." | 2013-03-26 | 2010 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Other capacity cases, Transcript |
| A Local Authority v AK [2012] EWHC B29 (COP), [2012] MHLO 166 — "This is an application by a Local Authority for the determination of an issue as to whether a severely brain damaged man ('AK') had the capacity to enter into a marriage in November 2010." | 2013-03-26 | 2012 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| A Local Authority v K [2013] EWHC 242 (COP), [2013] MHLO 11 — "K is the First Respondent to proceedings brought by A Local Authority (the authority responsible for K's social welfare) for a best interests' determination in relation to issues of contraception for, and sterilisation of, K. The application was issued in July 2012. By that application, A Local Authority sought declarations in relation to sterilisation and contraception and (given the perceived immediate risk that Mr and Mrs K may wish to remove K abroad for the purposes of sterilisation) an injunction to restrain the removal of K from this jurisdiction for that purpose. The application was appropriately brought to this Court under the provisions of the Mental Capacity Act 2005; the application in my view engages important considerations under article 8 (right to respect for private and family life) and article 12 (right to found a family)." | 2013-03-26 | 2013 cases, Judgment available on Bailii, No summary, Sex and marriage cases, Transcript |
| Turner v Phythian [2013] EWHC 499 (Ch), [2013] MHLO 10 — "Mrs Turner, with the support of several members of the Jolly family, asserts that the will is invalid on three grounds. The first ground is lack of proper execution. It is alleged that the will was not signed by Iris in the joint presence of the witnesses. ... The second ground is that Iris lacked mental capacity to make the will. ... The third ground is that Iris did not know or approve of the contents of the will. ... I find therefore that the contested will is invalid on two grounds; that Iris did not have mental capacity to make the will in August 2010 and that she did not know or approve the contents of the will." | 2013-03-25 | 2013 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| SSJ v MP [2013] UKUT 25 (AAC), [2013] MHLO 8 — "The Secretary of State had two grounds of appeal. One related to the tribunal’s finding on diagnosis; the other related to the decision not impose any conditions. ... I can only decide that, despite the errors of law, the tribunal’s decision should not be set aside. The result is that this decision provides in effect a declaration of the errors made in the tribunal’s decision." | 2013-03-25 | 2013 cases, Judgment available on Bailii, No summary, Reasons, Transcript, Upper Tribunal decisions |
| DO v LBH [2012] EWHC 4044 (Admin), [2012] MHLO 165 — "I have before me listed two applications for permission to bring judicial review proceedings and/or for directions against a local authority (LBH) and another interested party, ostensibly in the name of DO, by his sister (EC), the applicant as his Litigation Friend in one of the applications and by both as claimants in respect of the other. ... EC may not agree with the order being made in the Court of Protection proceedings but that does not justify, in my judgment, proceeding by way of judicial review rather than by application or appeal in the Court of Protection proceedings." | 2013-03-25 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| R (S) v Mental Health Tribunal [2012] MHLO 164 (UT) — S unsuccessfully challenged by judicial review (a) the decision of the FTT setting aside its own decision that she be discharged and (b) her continued detention by the hospital. | 2013-02-08 | 2012 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Transcript, Upper Tribunal decisions |
| R (O) v SSHD [2012] EWHC 2899 (Admin), [2012] MHLO 149 — Another immigration case with mental health background. | 2012-12-20 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Repatriation cases, Transcript |
| AG's reference (no 3 of 1998) [1999] EWCA Crim 835 — "The Court of Appeal is asked to give its opinion on the following point of law: What has to be proved when an inquiry is embarked upon under the Trial of Lunatics Act 1883, to determine whether the Defendant 'did the act or made the omission charged'?" | 2012-12-20 | 2012 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| R (BA) v LB Hillingdon [2012] EWHC 3050 (Admin), [2012] MHLO 148 — "This is a claim for interim relief brought on behalf of BA by his litigation friend, the official solicitor, against the London Borough of Hillingdon and Hillingdon National Health Service Primary Care Trust. The relief sought is first, an order that the claimant be provided with community care services under section 117 of the Mental Health Act 1983 against both defendants and/or section 21 of the National Assistance Act 1948 against the first defendant, and secondly an order that the defendants jointly carry out assessments of his need of community care services under section 47 of the National Health Service and Community Care Act 1990." | 2012-12-20 | 2012 cases, After-care, Judgment available on MHLO, Judgment missing from Bailii, No summary, 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." | 2012-12-20 | 2012 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Re KH (A child); An NHS Trust v Mr and Mrs H [2012] EWHC B18 (Fam), [2012] MHLO 142 — "This is an application by an NHS Trust for declarations in relation to the best interests of a boy known in the proceedings as KH. The Trust seeks approval of a medical treatment plan which comes before the court because there are some matters that are not agreed and because the treatment plan involves the withholding of life-sustaining treatment in the event of a serious deterioration in KH's condition." | 2012-12-20 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| LN v Surrey NHS Primary Care Trust [2011] UKUT 76 (AAC) — "This is an interlocutory appeal against a decision of the First-tier Tribunal (Health, Education and Social Care Chamber), whereby the First-tier Tribunal declined to exclude evidence. ... the issue for the First-tier Tribunal is not whether evidence is admissible, i.e., whether it can be admitted, but is whether it should be admitted. Relevance is a key consideration. Irrelevant evidence should not be admitted. However, relevance is not the only consideration. The First-tier Tribunal is also entitled to consider the weight of evidence when deciding whether to admit it. ... It is wholly inconsistent for the primary care trust to say that it is confining its case to ten specific incidents and for it then to adduce evidence of complaints or other allegations relating to other incidents in order to show that those ten specific incidents are not isolated. ... In my judgment, the First-tier Tribunal erred in not considering whether any specific evidence should be excluded or redacted at ..→ | 2012-12-19 | 2012 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| An NHS Trust v DJ [2012] EWHC 3524 (COP), [2012] MHLO 138 — "As a result of his illness, DJ does not have the capacity to make decisions about his medical treatment. The trust has brought the proceedings because there is longstanding disagreement between the family and the doctors about what treatment should be given. This requires the court to make an assessment of DJ's best interests within the framework of the Mental Capacity Act 2005. If that assessment supports the view taken by the doctors, a declaration may be granted endorsing the lawfulness of their approach." | 2012-12-19 | 2012 cases, Best interests, Judgment available on Bailii, 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.] | 2012-12-19 | 2012 cases, ECHR, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| AG's reference (no 60 of 2012) sub nom R v Edwards [2012] EWCA Crim 2746, [2012] MHLO 135 — "This is a case which presented to the judge an intractable but by no means unknown sentencing problem. ... The intractable difficulty presented by this defendant and by, sadly, a number of others is this: he has a variety of personality disorders, but the doctors all report that there is no medical treatment available." | 2012-12-19 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Sentence appeal cases, Transcript |
| RM v Scottish Ministers [2011] CSIH 19 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. | 2012-12-19 | 2011 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Scottish cases, Transcript |
| R (Lamari) v SSHD [2012] EWHC 1630 (Admin), [2012] MHLO 126 — Immigration case with mental health background. | 2012-12-17 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| C v SSHD [2012] EWHC 1543 (Admin), [2012] MHLO 125 — Immigration case with mental health background: "In essence, the claimant's case is that the length of the detention, the unlikely prospect of removal, the deterioration in the mental health of the claimant together with independent evidence of torture, were all factors which would lead to a conclusion that the claimant's detention was unlawful, even taking account of an absconding risk which, when properly examined, was not of the highest." | 2012-12-17 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (LE (Jamaica)) v SSHD [2012] EWCA Civ 597, [2012] MHLO 124 — Deportation case with mental health background. | 2012-12-17 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (Okil) v LB Southwark [2012] EWHC 1202 (Admin), [2012] MHLO 122 — Community care case with immigration and mental health background. | 2012-12-17 | 2012 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Lalli v Spirita Housing Ltd [2012] EWCA Civ 497, [2012] MHLO 121 — Disability discrimination case. | 2012-12-17 | 2012 cases, Disability discrimination, Judgment available on Bailii, No summary, Transcript |
| Lacki v Poland [2012] EWHC 1747 (Admin), [2012] MHLO 120 — Extradition and mental health. | 2012-12-17 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Repatriation cases, 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." | 2012-12-16 | 2010 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (C) v SSHD [2012] EWHC 801 (Admin), [2012] MHLO 118 — Mental health and immigration. | 2012-12-16 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Repatriation cases, Transcript |
| Re SK [2012] EWHC 1990 (COP), [2012] MHLO 98 — "This is an application by the parties to certain Queen's Bench personal injury proceedings who seek in effect to be joined in these Court of Protection proceedings. The subject of both sets of proceedings is SK, a mentally incapacitated adult aged 55. The issue which arises one way or another in both sets of proceedings is as to his care, accommodation and rehabilitation. The two applicants for joinder to these proceedings are (a) CK, aged 52, brother of SK and (b) GA Group PLC, a bus company whose bus struck SK in November 2008, causing him severe lasting brain and physical injuries. That company is the defendant in the Queen's Bench proceedings." | 2012-09-30 | 2012 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R v Fletcher [2012] EWCA Crim 1550, [2012] MHLO 86 — Permission granted to appeal, on fresh evidence, against IPP and argue that restricted hospital order should have been imposed. | 2012-08-31 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Sentence appeal cases, Transcript |
| XY v Clinical Director of St Patrick's University Hospital [2012] IEHC 224 — Consideration of meaning of 'examination' within the meaning of the Southern Irish Mental Health Act 2001. | 2012-08-31 | 2012 cases, Judgment available on Bailii, No summary, Southern Irish cases, Transcript |
| HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam), [2012] MHLO 69 — "This application is made by the Health Service Executive of Ireland ('the HSE'), the statutory authority with responsibility for children taken into public care in the Irish Republic, for an urgent order under Article 20 of the Council Regulation (EC) 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No.1347/2000 (commonly known as 'Brussels II Revised') in respect of a 17-year-old girl whom I shall refer to as SF. At the conclusion of the hearing on 4th May 2012, I made the order sought by the HSE. This judgment sets out the reasons for my decision." | 2012-06-23 | 2012 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re HA [2012] EWHC 1068 (COP), [2012] MHLO 67 — "This case comes before me for directions today. The person whose best interests have to be considered by the court is a HA. The Official Solicitor now acts for her as her litigation friend and in that capacity has continued an application under s.21A of the Mental Capacity Act 2005 (the Act) that was instigated before his appointment." | 2012-06-23 | 2012 cases, Deprivation of liberty, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Sedge v Prime [2012] MHLO 66 (QB) — "This is an application for an interim payment of £300,000 to enable the Claimant to move from the 'Little Oyster' residential care home, Sheerness, Kent where he currently lives into his own accommodation with a 24 hour care regime. At first this is to be by way of a trial run in a bungalow which has already been rented for one year and adapted for him. If the trial is successful then permanent renting or purchase of a home are the options. If not, return to a residential home is likely." | 2012-06-23 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| R (KM) v Cambridgeshire CC [2012] UKSC 23, [2012] MHLO 57 — "In the proceedings, brought by way of judicial review, the appellant challenges a determination made by Cambridgeshire County Council and communicated, at the latest, by a letter dated 3 June 2010 to pay him (in round numbers and as an annual sum) £85k in discharge of its duties to him under section 2(1) of the Chronically Sick and Disabled Persons Act 1970. He contends that the determination was unlawful either because it was not adequately supported by reasons or because it was irrational. He asks that the determination be quashed and either that Cambridgeshire should conduct a re-determination of it or that the court should itself substitute for it a determination that the annual sum payable to him be £120k." | 2012-06-21 | 2012 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| EM v SC [2012] EWHC 1518 (COP), [2012] MHLO 56 — "This is an application made by the Official Solicitor on behalf of the Applicant EM, for the discharge of the latest of a series of standard authorisations made on 16 January 2012 pursuant to the Mental Capacity Act 2005. The effect of the standard authorisation is to deprive EM of his liberty and oblige him to live at a nursing home, RH, rather than at the home which he had shared with his wife and son for many years." | 2012-06-21 | 2012 cases, Deprivation of liberty, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Re E (Medical treatment: Anorexia) [2012] EWHC 1639 (COP), [2012] MHLO 55 — "E is a 32-year-old woman who suffers from extremely severe anorexia nervosa, and other chronic health conditions. On 18 May 2012, an urgent application was made to the Court of Protection by her local authority, which was concerned that her position should be investigated and protected. E's death was imminent. She was refusing to eat, and was taking only a small amount of water. She was being looked after in a community hospital under a palliative care regime whose purpose was to allow her to die in comfort. ... I found that E lacked capacity to make a decision about life-sustaining treatment and declared that it was in her best interests to be fed against her wishes with all that this entails." | 2012-06-21 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| X Primary Care Trust v XB [2012] EWHC 1390 (Fam), [2012] MHLO 54 — "This matter concerns an application by the XPCT for declarations under s.26(4) of the Mental Capacity Act 2005 as to the validity of an advance decision made by XB on 2nd November 2011 that he wished, amongst other things, to have his ventilation removed in certain defined circumstances." | 2012-06-21 | 2012 cases, Advance decision cases, Judgment available on Bailii, No summary, Transcript |
| Austin v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 — Kettling/Article 5 case. | 2012-05-08 | 2007 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re G [2012] EWCA Civ 431, [2012] MHLO 52 — The local authority issued proceedings under the court's inherent jurisdiction in relation to a 30-year-old with Downs Syndrome history who was in the exclusive care of her mother. This decision relates to an unsuccessful appeal against case management orders. | 2012-05-05 | 2012 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| LB Haringey v FG (No. 2) [2011] EWHC 3933 (COP) — "There are many issues that have arisen in this case, but now the critical welfare issue is whether or not H should be returned home to live with her mother. This is an outcome sought by the mother, but opposed both by the Local Authority and by the Official Solicitor as litigation friend to H." | 2012-05-05 | 2011 cases, Best interests, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| LB Haringey v FG (No. 1) [2011] EWHC 3932 (COP) — "In this case there are a number of matters: does H have capacity to conduct litigation; does she have capacity to decide where she should live, or capacity to decide where she should be educated, or capacity to decide on the extent of the contact and relationship she should have with her natural family; capacity to deal with her financial affairs, or to enter into what has been described as a tenancy agreement, and capacity in a sense to judge her own best interests in those respects?" | 2012-05-05 | 2011 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| B v B [2010] EWHC 543 (Fam) — "This is an application by the Official Solicitor for an order that Mr B do pay the Official Solicitor’s costs, on an indemnity basis, of acting on behalf of Mr B as his guardian ad litem, until the Official Solicitor was discharged by order of 19th August 2009." | 2012-05-05 | 2010 cases, COP costs cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| MM (Zimbabwe) v SSHD [2012] EWCA Civ 279, [2012] MHLO 38 — Immigration case. "In my view, the Upper Tribunal was diverted, by reason of the arguments advanced, from an important aspect of the case, namely, whether it was disproportionate to deport the appellant on the grounds of his previous convictions in the light of the evidence of the prognosis and the relationship between his mental illness and his offending. The judge never seems to have reached any clear conclusion based on an assessment of the risk of re-offending despite continued medication and support from his family here. If the correct view is that there is no realistic risk of further offending and the prognosis is excellent then it is difficult to see how it could be proportionate to deport this appellant. He has been in this country for 12 years and he has nothing to go back to save his grandmother and great-aunt, if they are still alive." | 2012-04-28 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Republic of South Africa v Dewani [2012] EWHC 842 (Admin), [2012] MHLO 37 — "The appellant appeals against the decision of the Chief Magistrate, Senior District Judge Riddle, dismissing all the grounds on which those acting for him sought to oppose his extradition to South Africa to face the charge of murdering his wife and other related charges. Although we were provided with 80 authorities, the issues are specific to the appellant's mental state and the prison conditions in South Africa which would be applicable to him if extradited." | 2012-04-28 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Han v President of the Circuit Court [2008] IEHC 160 — "In the relatively recent past, the applicant was involuntarily committed to a mental hospital under the Mental Health Act 2001. The detention was reviewed by a Mental Health Tribunal and affirmed as correct. The applicant then appealed to the Circuit Court. Before he could process that appeal, he became well and was discharged from the mental hospital. Deery J, the President of the Circuit Court, struck the matter out from the hearing list as, the applicant then being well, he considered the matter to be moot. The applicant now challenges this decision." | 2012-04-28 | 2008 cases, Judgment available on Bailii, No summary, Southern Irish cases, Transcript |
| Re JO'B; HSE v JO'B [2011] IEHC 73 — "In these proceedings the Health Service Executive ('H.S.E.') seeks declarations that Mr. J. O'B. is a person who lacks capacity to make decisions in relation to his treatment care and welfare; that Mr. O'B. is a person in need of an appropriate and continuous regime of clinical, medical and nursing treatment in an environment of therapeutic security, this being in his best welfare and interest; that the clinical, medical, nursing, therapeutic security, welfare services and treatment at the Central Mental Hospital (C.M.H.), Dundrum, are appropriate to his needs; and for an order directing the H.S.E. to detain Mr. O'B in the C.M.H., as well as seeking various ancillary reliefs. What makes this application very unusual, if indeed not entirely unique, is that it is agreed on all sides that Mr. O'B. is not suffering from a mental illness or mental disorder as that term is defined in s. 3 of the Mental Health Act 2001, and accordingly it is agreed that the provisions of that Act are of no ..→ | 2012-04-28 | 2011 cases, Judgment available on Bailii, No summary, Southern Irish cases, Transcript |
| A London Borough v VT [2011] EWHC 3806 (COP) — "The primary matters on which decisions need to be made by the court are: (1) Should ST live at L (or possibly some other care home type accommodation in London) or in his property at X, Nigeria; (2) If ST remains at L, is he being deprived of his liberty and, if he is being so deprived, does that remain appropriate; (3) Should ST's property and affairs deputy be AT or Mr G, the current interim independent professional deputy?" | 2012-03-28 | 2011 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re EB; IB v RC [2011] EWHC 3805 (COP) — "This is an application by the applicant, IB, for the removal of the respondent as his mother's deputy for property and affairs. There is also a counter-application by the respondent, RC, for orders that the applicant sign letters of authority in relation to two bank accounts that are held in the joint names of EB and the applicant." | 2012-03-28 | 2011 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22 — Kettling did not breach Article 5. | 2012-03-19 | 2012 cases, Deprivation of liberty, ECHR, Judgment available on Bailii, No summary, Transcript |
| R (Moussaoui) v SSHD [2012] EWHC 126 (Admin), [2012] MHLO 8 — Immigration case with a mental health element. | 2012-02-09 | 2012 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re JDS; KGS v JDS [2012] EWHC 302 (COP), [2012] MHLO 4 — "This is an application for a gift to be made to the parents of a young man who has been awarded damages for clinical negligence. The purpose of the gift is to reduce the amount of Inheritance Tax that they may have to pay on his death." [Summary to follow.] | 2012-01-27 | 2012 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re H; A Local Authority v H [2012] EWHC 49 (COP), [2012] MHLO 3 — "On 15 December 2011 I made an order declaring H’s incapacity in many respects and making best interests declarations as to her future care. In particular I made an order declaring that H lacked capacity to consent to sexual relations and a consequential order to protect her best interests which was very restrictive and undoubtedly amounts to the deprivation of liberty. In those circumstances I reserved my reasons for making these orders with a view to handing them down without the need for attendance of any party. This I now do." [Summary to follow.] | 2012-01-27 | 2012 cases, Judgment available on Bailii, No summary, Other capacity cases, Sex and marriage cases, Transcript |
| Ms B v An NHS Hospital Trust [2002] EWHC 429 (Fam) — "The Claimant, whom I shall call Ms B, seeks declarations from the High Court in its exercise of the inherent jurisdiction. She claims that the invasive treatment which is currently being given by the respondent by way of artificial ventilation is an unlawful trespass. The respondent is the NHS Hospital Trust (the Trust) responsible for the hospital which is currently caring for Ms B, (the Hospital). At the request of the court the Official Solicitor instructed Mr Peter Jackson QC to act as Advocate to the Court. The main issue is whether Ms B has the capacity to make her own decision about her treatment in hospital. Underlying this important issue is the tragic story of an able and talented woman of 43 who has suffered a devastating illness which has caused her to become tetraplegic and whose expressed wish is not to be kept artificially alive by the use of a ventilator." [Paras 1 and 2 of judgment.] | 2012-01-05 | 2002 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Black v MHTS [2011] CSIH 83 — 'What remedy, if any, is available to a curator ad litem appointed to represent the interests of a patient in proceedings before the Mental Health Tribunal for Scotland, in the event that the Tribunal acts unlawfully or unfairly or exercises its discretion in an unreasonable manner? That is the question which lies at the heart of the present appeal, which was remitted to this court by the Sheriff Principal of Grampian, Highlands and Islands.' | 2011-12-10 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| SSWP v Slavin [2011] EWCA Civ 1515 — 'The respondent is resident in a specialist care home for people with autistic spectrum disorders and similar conditions. The cost of his accommodation is paid for by the National Health Service. The home is registered as a care home, not a nursing home. Its staff are trained to meet the needs of residents but do not have any medical or nursing qualifications. The specific issue in the appeal is whether the respondent is "maintained free of charge while undergoing medical or other treatment as an in-patient … in a hospital or similar institution under [the National Health Service Act 2006]", within the meaning of reg. 12A of the Social Security (Disability Living Allowance) Regulations 1991, so as to be disentitled to receipt of the mobility component of disability living allowance for which he was a claimant.' | 2011-12-10 | 2011 cases, Judgment available on Bailii, No summary, Transcript, Welfare benefits cases |
| Re S (Adult Patient) (Inherent Jurisdiction: Family Life); Sheffield City Council v S [2002] EWHC 2278 (Fam) — Dispute between a local authority and S‘s father, DS, as to where S should live: prior to the events which precipitated the proceedings, S had always lived at home with DS. | 2011-12-10 | 2002 cases, Best interests, Judgment available on Bailii, Judgment available on MHLO, No summary, Transcript |
| R (AK) v SSHD [2011] EWHC 3188 (Admin) — Immigration case with mental health element. | 2011-12-10 | 2011 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (Baisden) v Leicester City Council [2011] EWHC 3219 (Admin) — Section 117 and accommodation. | 2011-12-08 | 2011 cases, After-care, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Re DC (Judicial Review) [2011] CSOH 193 — Various questions of Scots law arose in this judicial review claim for damages for unlawful detention. | 2011-11-26 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| AB v MHTS (2011) ScotSC B694/11 — Unsuccessful challenge to MHTS decision. | 2011-11-26 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| R (BA) v SSHD [2011] EWHC 2748 (Admin) — Judicial review of detention pending deportation (psychiatric background). | 2011-11-14 | 2011 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re P; A Local Authority v PB [2011] EWHC 2675 (COP) — Case concerning residence, contact, and deprivation of liberty. | 2011-11-14 | 2011 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re FL; HN v FL and Hampshire CC [2011] EWHC 2894 (COP) — 'The primary issues requiring determination by the court were as follows: (1) FL’s capacity to make personal welfare decisions; (2) FL’s mental health needs; (3) FL’s medication; (4) The Z Home’s ability to meet FL’s physical and mental health needs; (5) Whether HN had conducted herself inappropriately or whether such conduct was justified; (6) Whether HCC and or The Z Home conducted themselves inappropriately or whether such conduct was justified; (7) Depending on the outcome of (5) and (6) whether restrictive orders should be made.' 'IPL were permitted to publish details about the case subject to the restrictions in that order.' | 2011-11-09 | 2011 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re HM: SM v HM [2011] EWHC B30 (COP) — 'The issue is whether it is ever, and if so in what circumstances, appropriate for the Court (ie the Court of Protection) to authorise the creation of a trust – in particular a personal injury trust - of P’s assets as the means of administering those assets for him, rather than appointing a deputy for him under s 16 of the 2005 Act.' | 2011-11-09 | 2011 cases, Judgment available on Bailii, Judgment available on MHLO, No summary, Other capacity cases, Transcript |
| LB Tower Hamlets v BB [2011] EWHC 2853 (Fam) — 'There are two sets of proceedings which concern BB. In the first, her litigation friend, sought guidance from the court under sections 16 and 18(k) of the Mental Capacity Act 2005 about the conduct of proceedings concerning BB and declarations that she a) lacks capacity to conduct those proceedings and b) it is in her best interests that, in the event that her marriage to MA is a valid marriage, it be annulled or that there be a declaration that it is not recognised by the law of England and Wales. In the second, the local authority as substituted applicant seeks declarations that BB a) lacks the capacity to litigate, b) lacks capacity to decide where she should live, with whom she should have contact, who should provide her with care, what care should be provided to her and the medical treatment she should receive for her mental disorder. The court is asked to make decisions on her behalf as respects those questions which the court determines she is incapacitated to answer.' | 2011-11-09 | 2011 cases, Best interests, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| A London Local Authority v JH [2011] EWHC 2420 (COP) — It was, in the interim, in JH's best interests to return home with a package of care (rather than go to a care home). [Summary to follow.] | 2011-10-05 | 2011 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| LG v DK [2011] EWHC 2453 (COP) — Application to Court of Protection to decide whether it is in DK's best interests to provide DNA sample for paternity test. [Summary to follow.] | 2011-10-05 | 2011 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Surrey County Council v MB [2007] EWHC 3085 (Fam) — MCA, MHA, deprivation of liberty. | 2011-09-29 | 2007 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (FB) v SSHD [2011] EWHC 2044 (Admin) — Unlawful detention case involving mentally-ill immigrant. | 2011-08-22 | 2011 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Aylott v Stockton-on-Tees BC [2010] EWCA Civ 910 — DDA/employment. | 2011-08-09 | 2010 cases, Disability discrimination, Judgment available on Bailii, No summary, Transcript |
| DB v SSWP [2010] UKUT 144 (AAC) — Tribunal reasons and conflict of experts (industrial accidents case). | 2011-08-09 | 2010 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| R v Louka [2010] EWCA Crim 2015 — Appeal against sentence. | 2011-08-09 | 2010 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Sentence appeal cases, Transcript |
| R v Walton (aka Wright) [2010] EWCA Crim 2255 — Criminal appeal (fitness to plead). | 2011-08-09 | 2010 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| R (AA) v SSHD [2010] EWHC 2265 (Admin) — Case involving immigrant with mental illness. | 2011-08-09 | 2010 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (Francis) v West Midlands Probation Board [2010] EWCA Civ 955 — Permission to appeal in relation to two issues granted: (1) 'The first concerns the relationship between the Parole Board, the Probation Service acting through one or more of its regional boards, MAPPA, and the prisoner who is serving a life sentence, when it comes to considering his life after release'; (2) 'The second issue concerns the rights of the appellant and Ms Kemp under Article 8'. | 2011-08-09 | 2010 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Prison law cases, Transcript |
| R (MK) v SSHD [2010] EWCA Civ 115 — Case involving immigrant with mental illness. | 2011-08-09 | 2010 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (OM (Nigeria)) v SSHD [2010] EWHC 2147 (Admin) — Case involving immigrant with mental illness. | 2011-08-09 | 2010 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| Re JM (Variation and renewal of orders for guardianship made under provisions with minute to vary) [2011] ScotSC 107 — Judgment including guidance on Scots guardianship orders. | 2011-08-03 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| LA v MHTS [2011] ScotSC 119 — Unsuccessful appeal against Mental Health Tribunal for Scotland. | 2011-08-02 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| JP v Birmingham and Solihull MH NHS Trust (2010) Upper Tribunal 30/7/10 (HM/535/2010) — Unsuccessful appeal in which it was argued that the Tribunal's reasons for preferring the RC's and responsible authority's evidence to the evidence of independent experts were inadequate. | 2011-07-25 | 2010 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Transcript, Upper Tribunal decisions |
| JG v MHTS [2011] ScotSC 110 — Unsuccessful appeal against Tribunal decision. | 2011-07-20 | 2011 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| R (McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 — 'This appeal concerns the question of whether the Respondent Royal Borough acted unlawfully in seeking to amend the Appellant’s care package by substituting her nighttime carer with provision of incontinence pads or absorbent sheets when the Appellant is not in fact incontinent.' (from Supreme Court press summary) | 2011-07-20 | 2011 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Hossack v Legal Services Commission [2011] EWCA Civ 788 — Judicial review of rejection of tenders for community care law. | 2011-07-20 | 2011 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| P v Independent Print Ltd [2011] EWCA Civ 756 — Whether the Independent Newspaper should be authorised to attend the substantive hearing which would determine the living arrangements to be made for a young man who lacks capacity. | 2011-07-20 | 2011 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R v Hopkins; R v Priest [2011] EWCA Crim 1513 — Prosecution under MCA 2005 s44. | 2011-07-18 | 2011 cases, Criminal law capacity cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Other capacity cases, Transcript |
| KY v DD [2011] EWHC 1277 (Fam) — Guidance on without notice applications. | 2011-07-18 | 2011 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Hackett v CPS [2011] EWHC 1170 (Admin) — Undue influence. | 2011-06-22 | 2011 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| SMBC v WMP [2011] EWHC B13 (COP) — HSG's application to be discharged as a party in a forced marriage protection order case was refused because there was good cause to believe that he may lack capacity (the test for interim orders). The judge set out a list of lessons learnt for future cases. | 2011-06-19 | 2011 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re C; C v Wigan Borough Council [2011] EWHC 1539 (Admin) — Judgment in related COP and Admin Court proceedings relating to an 18-year old with severe autism and severe learning disabilities living at a residential special school. Issues considered include deprivation of liberty and seclusion. | 2011-06-16 | 2011 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re S-C (Mental Patient: Habeas Corpus) [1995] EWCA Civ 60 — Habeas corpus. | 2011-05-26 | 1995 cases, Judgment available on Bailii, No summary, Transcript, Unlawful detention cases |
| R (WG) v Local Authority A [2010] EWHC 2608 (Admin) — Judicial review of failure to assess under s47 NHSCCA 1990. Claim stayed for three months, during which the local authority was to carry out the assessment and the claimant was to provide her identity to the court. | 2011-04-30 | 2010 cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, No transcript, Unimportant cases |
| R (Woods) v Rochdale MBC [2009] EWHC 323 (Admin) — Unsuccessful JR of alleged failure to comply with obligations under the NHS and Community Care Act 1990 to assess the claimant's needs and to provide the resources to meet those needs. | 2011-03-30 | 2009 cases, Community care, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| LS v LB Lambeth (HB) [2010] UKUT 461 (AAC) — Tribunals Service's notes: 'Scope of right of appeal to Upper Tribunal. Required contents of notification of a decision applying a non- dependent deduction.' | 2011-03-18 | 2010 cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| R (Guntrip) v SSJ [2010] EWHC 3188 (Admin) — Parole Board Article 5(4) delay case. | 2011-01-23 | 2010 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript |
| Re HM; PM v KH [2010] EWHC 3279 (Fam) — PM sentenced to 4 months' imprisonment for contempt of court. | 2011-01-06 | 2010 cases, Best interests, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Re HM; PM v KH [2010] EWHC 2107 (Fam) — Costs orders against PM. | 2011-01-06 | 2010 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re HM; PM v KH [2010] EWHC 871 (Fam) — Best interests case. | 2011-01-06 | 2010 cases, Best interests, Judgment missing from Bailii, No summary, No transcript |
| G v E [2010] EWHC 3385 (Fam) — Costs judgment. "In all the circumstances, I conclude that this is a case for departing from the general rule set out in rule 157 of the Court of Protection rules, and I make an order in the following terms: (1) That the local authority should pay the costs of G, F and E, including pre-litigation costs, up to and including the first day of the hearing before me on 14th January 2010 on an indemnity basis. (2) The local authority shall pay one third of the costs of G, F and E from that date up to and including the hearing on 6 May 2010 on a standard basis. (3) All costs will be subject to a detailed assessment, if not agreed." | 2011-01-04 | 2010 cases, COP costs cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| Re KS (2010) COP 99162476 — Costs under the Court of Protection Rules. | 2010-12-20 | 2010 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Other capacity cases, Transcript |
| R (Faulkner) v SSJ [2010] EWCA Civ 1434 — Delay in Parole Board hearing led to Article 5(4) breach. | 2010-12-16 | 2010 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript |
| Re MM; City of Sunderland v MM [2011] 1 FLR 712 — P's partner's Article 8 rights were breached by the denial of contact between them. | 2010-12-16 | 2010 cases, Judgment available on MHLO, Neutral citation unknown or not applicable, No summary, Other capacity cases, Transcript |
| Perrins v Holland [2010] EWCA Civ 1398 — Unsuccessful costs appeal. [No summary.] | 2010-12-09 | 2010 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Re JG (Estate Planning for Adults who have lost Capacity) [2009] ScotSC 77 — Scottish case. | 2010-11-28 | 2009 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| JG v MHTS [2010] ScotSC 170 — Challenge to Mental Health Tribunal for Scotland decision. | 2010-11-26 | 2010 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Re LC [2005] ScotSC 19/5/05 — A sheriff may dispense with intimation, or notification, of an application for Guardianship where such intimation "would be likely to pose a serious risk to the health of the adult". It was held that it was insufficient for the medical practitioners to simply repeat the words which appear in the statute and that concise and articulate reasons should be given in order that the court has proper information on which to form a view. | 2010-10-30 | 2005 cases, Judgment available on MHLO, No summary, Scottish cases, Transcript |
| E v Channel Four [2005] EWHC 1144 (Fam) — In these proceedings the Official Solicitor, joined by St Helens Borough Council, seeks an interim injunction to restrain the broadcasting by Channel Four Television Corporation of a film and the publication by the Sunday Times of an article about E. She is a woman of 32, who they assert lacks the capacity to consent to what Channel Four and the Sunday Times are proposing. They invoke the inherent jurisdiction of the court. | 2010-10-29 | 2005 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R v Oakley [2010] EWCA Crim 2419 — Sentencing for diminished responsibility manslaughter. | 2010-10-27 | 2010 cases, Diminished responsibility cases, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| A Local Authority v DL [2010] EWHC 2675 (Fam) — Scope of inherent jurisdiction. | 2010-10-25 | 2010 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| A County Council v MB [2010] EWHC 2508 (COP) — Court of Protection case about 'DOLS breakdowns'. [Official summary available.] | 2010-10-22 | 2010 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Pages using DynamicPageList3 parser function, 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. | 2010-10-18 | 2010 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| G v E [2010] EWHC 2512 (COP) — Unsuccessful applications for (1) deputies to be appointed and (2) sister to become Litigation Friend in place of Official Solicitor. [Official summary available.] | 2010-10-18 | 2010 cases, Judgment available on Bailii, No summary, Other capacity cases, Pages using DynamicPageList3 parser function, Transcript |
| R v Cooper [2010] EWCA Crim 2335 — Unsuccessful appeal against s45A hybrid order. | 2010-10-18 | 2010 cases, Hybrid order cases, Judgment available on Bailii, No summary, Transcript |
| Re SA; FA v Mr A [2010] EWCA Civ 1128 — Court of Protection case. [Summary to follow.] | 2010-10-18 | 2010 cases, Best interests, Judgment available on MHLO, Judgment missing from Bailii, No summary, Transcript |
| Perrins v Holland [2010] EWCA Civ 840 — Unsuccessful appeal against decision to pronounce in favour of a will. Summary of decision below: The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will. [Summary of appeal required.] | 2010-10-06 | 2010 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Peters v East Midlands SHA [2009] EWCA Civ 145 — [Summary required.] | 2010-10-04 | 2009 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Attorney General v Ratra [2003] EWHC 1291 (Admin) — Vexatious litigant. | 2010-09-27 | 2003 cases, Judgment available on Bailii, No summary, Transcript, Unimportant cases |
| Breslin v McKenna (Omagh Bombing case) [2009] NIQB 50 — Omagh bombing civil judgment, including consideration of damages for psychiatric injury. | 2010-09-27 | 2009 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Eagle v Chambers [2004] EWCA Civ 1033 — [Summary required.] | 2010-09-27 | 2004 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Aylott v Stockton-On-Tees BC [2010] EWCA Civ 910 — This appeal is about how the Disability Discrimination Act 1995 should be interpreted in law and applied in practice. | 2010-09-23 | 2010 cases, Disability discrimination, Judgment available on Bailii, No summary, Transcript |
| R (RJM) v SSWP [2007] EWCA Civ 614 — "For the reasons I have given I would hold that the right to IS is a possession within A1P1 but that RJM's appeal must be dismissed because a person without accommodation does not have an "other status" within the meaning of Article 14 of the Convention. If, contrary to that view, RJM does have such a status, the refusal to pay DP to those who do not have accommodation is not unlawful under the Convention because the Secretary of State has justified their differential treatment. I would therefore dismiss the appeal." | 2010-08-07 | 2007 cases, Judgment available on Bailii, No summary, Transcript, Welfare benefits cases |
| Re MB (Medical Treatment) [1997] EWCA Civ 3093 — "This appeal arose from the application by a health authority for a declaration from the High Court that it would be lawful for the consultant gynaecologist to operate upon a young woman, Miss MB, who was 40 weeks pregnant and admitted to hospital on Friday 14th February." | 2010-07-20 | 1997 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re SA; A Local Authority v MA [2005] EWHC 2942 (Fam) — "This case raises novel questions about the court's inherent jurisdiction in relation to vulnerable adults. I have before me a vulnerable young woman who has just turned eighteen and has therefore attained her majority. While she was still a child the court had exercised its inherent parens patriae and wardship jurisdictions to protect her from the risk of an unsuitable arranged marriage. The question is whether I have jurisdiction to continue that protection now she is an adult." | 2010-07-20 | 2005 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| Re HM; PM v KH [2009] EWHC 2685 (Fam) — Best interests case. | 2010-07-19 | 2009 cases, Best interests, Judgment missing from Bailii, No summary, No transcript |
| Stojanovski v Former Yugoslav Republic of Macedonia 1431/03 [2009] ECHR 1615 — Breach of Article 5. | 2010-07-09 | 2009 cases, ECHR, ECHR deprivation of liberty cases, Judgment available on Bailii, No summary, Transcript |
| KF v Birmingham and Solihull Mental Health NHS Foundation Trust [2010] UKUT 185 (AAC) — Various issues including (1) what should happen where an appeal from a First-tier Tribunal's substantive decision on a s2 application is overtaken by events and (2) whether a s3 reference to the First-tier Tribunal lapse once a CTO is made. | 2010-06-18 | 2010 cases, Change of status cases, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| M v B [2005] EWHC 1681 (Fam) — Injunction granted to prevent P being taken to Pakistan for arranged marriage. | 2010-05-01 | 2005 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (MC (Algeria)) v SSHD [2010] EWCA Civ 347 — Unsuccessful challenge to lawfulness of detention under Schedule 3 Immigration Act 1971 which was mainly based on failure to have regard to policy that mentally ill should be detained only in very exceptional circumstances. | 2010-04-11 | 2010 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| MK (Mental Illness, Articles 3 and 8) Pakistan (2005) UKIAT 75 — Consideration of the approach to the availability of treatment and the assessment of Article 3 and 8 cases in an immigration context. | 2010-04-11 | 2005 cases, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| MJJAB v Scottish Ministers [2010] CSIH 31 — Consideration of the serious harm test in Section 64(A1) Mental Health (Scotland) Act 1984 and standard of proof. | 2010-04-11 | 2010 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| R (M) v Hammersmith and Fulham LBC and Sutton LBC [2010] EWHC 562 (Admin) — M moved from Hammersmith to a hostel in Sutton, but Hammersmith continued to pay; he was subsequently placed under s3 in a Sutton hospital and surrendered his tenancy; as he was resident in Sutton when admitted, Hammersmith was not responsible for future accommodation costs under s117. | 2010-03-15 | 2010 cases, After-care, Judgment available on Bailii, No summary, Transcript |
| R (Pounder) v HM Coroner for North and South Districts of Durham and Darlington [2010] EWHC 328 (Admin) — Inquiry into Adam Rickwood's death in custody. Bias. | 2010-03-02 | 2010 cases, Inquest cases, Judgment available on Bailii, No summary, Transcript |
| Juncal v UK 32357/09 [2010] ECHR 249 — Lawfulness of detention. Statement of facts and questions to the parties lodged at court. | 2010-03-02 | 2010 cases, ECHR, ECHR deprivation of liberty cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| FW v Dept of Psychiatry James Connolly Memorial Hospital [2008] IEHC 283 — Challenge to lawfulness of detention under Southern Irish law. | 2009-12-09 | 2008 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Southern Irish cases, Transcript |
| Z v Khattak [2008] IEHC 262 — Challenge to lawfulness of detention under Southern Irish law. | 2009-12-09 | 2008 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Southern Irish cases, Transcript |
| C v Clinical Director of St Patricks Hospital [2009] IEHC 13 — This is an application on behalf of the applicant for a declaration that the applicant is unlawfully detained by the first respondent contrary to Article 40.4 of the Constitution. The essence of the applicant’s case is that prior to her arrival at the respondent’s hospital, she was initially detained by the gardaí and unlawfully removed to the hospital by them. The applicant argues that this alleged unlawful detention by the gardaí, has tainted the subsequent detention by the respondents even though, by and large, apart from this initial reception the respondents have meticulously followed the proper procedures for dealing with such persons as set out in the legislation and the Mental Health Act 2001 in particular. | 2009-12-09 | 2009 cases, Judgment available on Bailii, No summary, Southern Irish cases, Transcript, Unlawful detention cases |
| Law Hospital NHS Trust v Lord Advocate (1996) ScotCS CSIH 2 — "The purpose of these proceedings is to obtain the sanction of the court to the termination of nutrition and hydration and all other life sustaining treatment to a patient at Law Hospital." | 2009-11-30 | 1996 cases, Best interests, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Her Majesty's Advocate v S [1999] ScotHC 183 — Fitness to plead. | 2009-11-30 | 1999 cases, Judgment available on Bailii, No summary, Scottish cases, Transcript, Unfitness and insanity cases |
| Re Robertson (Application for Judicial Review of a decision of Fife Council) [2001] ScotCS 94 — "This case concerns the controversial subject of the provision of and payment for nursing home care for the elderly and infirm." | 2009-11-30 | 2001 cases, Community care, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Kim Louise Scarsbrook or Galbraith v Her Majesty's Advocate [2001] ScotHC 45 — Diminished responsibility. | 2009-11-30 | 2001 cases, Diminished responsibility cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Re Maughland (Determination Into the Death of) [2003] ScotSC 10 — [Summary required.] | 2009-11-30 | 2003 cases, Inquest cases, Judgment available on Bailii, No summary, Scottish cases, Transcript |
| Re McDougall or Muldoon (Guardianship Order) [2005] ScotSC 6 — "This is an application under the Adults with Incapacity (Scotland) Act 2000, in which the Applicant, Paul Muldoon, seeks an order under section 57 of the Act appointing him as guardian with powers relating to both the welfare of, and the property and financial affairs of, his mother, Mrs Mona McDougall or Muldoon (hereafter, "the adult"). The welfare powers sought are (a) to decide where the adult should live, (b) to have access to confidential documents, and (c) to consent to, or withhold consent to, medical treatment." | 2009-11-30 | 2005 cases, Judgment available on Bailii, No summary, Other capacity cases, Scottish cases, Transcript |
| Yung v Procurator Fiscal, Edinburgh (2006) ScotHC HCJAC 70 — Appeal against against a finding acquitting the Y of three charges of assault on the ground that he was insane at the time of commission of the offences. | 2009-11-30 | 2006 cases, Judgment available on Bailii, No summary, Other criminal law cases, Scottish cases, Transcript |
| Robbins v Mitchell and MHTS [2007] ScotSC 19 — Unsuccessful challenge to MHTS decision. | 2009-11-01 | 2007 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| RM v Scottish Ministers [2008] CSOH 123 — Unsuccessful challenge relating to effectiveness of Scottish "conditions of excessive security" legislation. | 2009-11-01 | 2008 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Scottish cases, Transcript |
| Paterson v Kent [2006] ScotSC 48 — Successful appeal against MHTS decision. | 2009-11-01 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| McGlynn v Mental Health Tribunal for Scotland [2006] ScotSC 18 — Successful appeal against MHTS decision. | 2009-11-01 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Lothian Health Board v Martin and MHTS [2007] ScotSC 15 — Unsuccessful appeal against MHTS decision. | 2009-11-01 | 2007 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Hughes v Mental Health Tribunal for Scotland [2006] ScotSC 56 — Funding for representation at MHTS. | 2009-11-01 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Byrne v Mental Health Tribunal for Scotland [2006] ScotSC 29 — MHTS decision set aside. | 2009-11-01 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Beattie v Dunbar (Mental Health Officer) [2006] ScotSC 108 — Challenge to MHTS decision to grant compulsory treatment order. | 2009-11-01 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| South West London and St George's Mental Health NHS Trust v W [2002] EWHC 1770 (Admin) — Lawfulness of transfer from prison to hospital (treatability). | 2009-11-01 | 2002 cases, Judgment available on Bailii, No summary, Transcript, Treatability test and psychopathic disorder |
| R v Cornelius (Alan) [2002] EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal. | 2009-11-01 | 2002 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Czarnota (Michael) [2002] EWCA Crim 785 — Restriction order quashed on appeal. | 2009-11-01 | 2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R (SSHD) v MHRT, re PG [2002] EWHC 2043 (Admin) — Inadequate reasons. | 2009-11-01 | 2002 cases, Judgment available on Bailii, No summary, Reasons, Transcript |
| R (S) v SSHD and Parole Board [2002] EWHC 2424 (Admin) — Licence recall while on s3. | 2009-10-31 | 2002 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript |
| R (S) v Airedale NHS Trust [2002] EWHC 1780 (Admin) — Seclusion. | 2009-10-31 | 2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (N) v Dr M [2002] EWHC 1911 (Admin) — Unsuccessful challenge to compulsory treatment. | 2009-10-31 | 2002 cases, Challenges to compulsory treatment, Judgment available on Bailii, No summary, Transcript |
| R (Munjaz) v Ashworth Hospital Authority [2002] EWHC 1521 (Admin) — Departure from Code of Practice. | 2009-10-31 | 2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (M) v Nottinghamshire Healthcare NHS Trust [2002] EWHC 1400 (Admin) — Unsuccessful challenge to s47/49 patient's return to prison. | 2009-10-31 | 2002 cases, Judgment available on Bailii, Ministry of Justice cases, No summary, Transcript |
| R (LH) v MHRT [2002] EWHC 170 (Admin) — Permission to appeal against Tribunal decision refused. | 2009-10-31 | 2002 cases, Judgment available on Bailii, No summary, Reasons, Transcript |
| R (L) v MHRT [2002] EWHC 618 (Admin) — AWOL claimant's delay case struck out as an abuse of process. | 2009-10-31 | 2002 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Transcript |
| R (Heather) v Leonard Cheshire Foundation [2001] EWHC Admin 429 — Care home closure. | 2009-10-31 | 2001 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| R (Heather) v Leonard Cheshire Foundation [2002] EWCA Civ 366 — Care home closure. | 2009-10-31 | 2002 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| R (D) v SSHD [2002] EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal. | 2009-10-31 | 2002 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Prison law cases, Transcript |
| R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust [2002] EWHC 181 (Admin) — Closure of residential accommodation. | 2009-10-31 | 2002 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust [2001] EWHC Admin 479 — Closure of residential accommodation. | 2009-10-31 | 2001 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| R (C) v Lincolnsire Health Authority [2001] EWHC Admin 685 — [Summary required.] | 2009-10-30 | 2001 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Masterman-Lister v Brutton and Co [2002] EWCA Civ 1889 — Unsuccessful appeal against decision that M was fully capable of managing and administering his property and affairs. | 2009-10-30 | 2002 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Masterman-Lister v Jewell [2002] EWHC 417 (QB) — M was fully capable of managing and administering his property and affairs. | 2009-10-30 | 2002 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| Hession v Health Service Commissioner for Wales [2001] EWHC Admin 619 — [Summary required.] | 2009-10-30 | 2001 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Dillon v SSHD [2002] EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period." | 2009-10-30 | 2002 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| Cook v Bradford Community Health NHS Trust [2002] EWCA Civ 1616 — Negligence case. | 2009-10-30 | 2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (Wirral Health Authority) v Dr Finnegan, re DE [2001] EWHC Admin 312 — [Summary required.] | 2009-10-30 | 2001 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Transcript |
| R (Wirral Health Authority) v MHRT, re DE [2001] EWCA Civ 1901 — [Summary required.] | 2009-10-30 | 2001 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Transcript |
| R (WC) v South London and Maudsley NHS Trust [2001] EWHC 1025 (Admin) — Unsuccessful challenge to lawfulness of detention (consultation with nearest relative). | 2009-10-30 | 2001 cases, Consulting NR, Judgment available offline, Judgment missing from Bailii, No summary, Transcript |
| R (Wheldon) v Rampton Hospital Authority [2001] EWHC Admin 134 — Unsuccessful challenge to lawfulness of detention (treatability). | 2009-10-30 | 2001 cases, Judgment available on Bailii, No summary, Transcript, Treatability test and psychopathic disorder |
| R (S) v Plymouth City Council [2001] EWHC Admin 750 — Unsuccessful challenge by nearest relative to council's refusal to disclose documents relating to P who was subject to guardianship and lacked capacity to consent to disclosure. | 2009-10-30 | 2001 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript |
| AL v Mental Health Tribunal for Scotland [2007] ScotSC 44 — Successful challenge to MHTS decision. | 2009-10-24 | 2007 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| AG v Mental Health Tribunal for Scotland [2006] ScotSC 113 — Challenge to MHTS decision not to adjourn. | 2009-10-24 | 2006 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Scottish cases, Transcript |
| Bristol City Council v AW [2009] UKUT 109 (AAC) — Housing and council tax benefits. | 2009-10-08 | 2009 cases, Community care, Judgment available on Bailii, No summary, Transcript, Upper Tribunal decisions |
| R (Blouet) v Bath and Wansdyke Magistrates Court [2009] EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court. | 2009-06-15 | 2009 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| Dalton v Latnam [2003] EWHC 796 (Ch) — The justice of the case did not require the forfeiture rule to be modified. | 2009-06-14 | 2003 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Dunn v South Tyneside Health Care NHS Trust [2003] EWCA Civ 878 — Clinical negligence - hourly observations were reasonable. | 2009-06-14 | 2003 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Peter Kiernan v Harrow Crown Court [2003] EWCA Crim 1052 — Hospital order quashed. | 2009-06-14 | 2003 cases, Hospital order cases, Judgment available on Bailii, No summary, Transcript |
| R (A) v SSHD [2003] EWHC 270 (Admin) — It was not unfair that a differently-constituted Tribunal panel were to consider the claimant's case after the original deferred conditional discharge. | 2009-06-14 | 2003 cases, Judgment available on Bailii, No summary, Other Tribunal cases, 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. | 2009-06-14 | 2003 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (Bitcon) v West Allderdale Magistrates Court [2003] EWHC 2460 (Admin) — Unsuccessful challenge to magistrates' revocation of s35 order. | 2009-06-14 | 2003 cases, Judgment available on Bailii, No summary, Other criminal law cases, 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. | 2009-06-14 | 2003 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (K) v Dr Hughes [2003] EWHC 357 (Admin) — Challenge to administration of ECT. | 2009-06-14 | 2003 cases, Challenges to compulsory treatment, Judgment available on Bailii, No summary, Transcript |
| R (S) v SSHD [2003] EWCA Civ 426 — Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. | 2009-06-14 | 2003 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript |
| R (South West Yorkshire Mental Health NHS Trust) v Bradford Crown Court [2003] EWCA Civ 1857 — Criminal law - High Court lacked jurisdiction. | 2009-06-14 | 2003 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript |
| R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire [2009] EWHC 661 (Admin) — Coroners' inquests - deaths in custody - Article 2 | 2009-04-26 | 2009 cases, Inquest cases, Judgment available on Bailii, No summary, Transcript |
| R (Kenneally) v Snaresbrook Crown Court [2001] EWHC 968 (Admin) — The hospital and restriction orders made under s51 were quashed (ultra vires). | 2009-04-19 | 2001 cases, Hospital order cases, Judgment available on Bailii, No summary, Transcript |
| C v South London and Maudsley Hospital NHS Trust [2001] EWHC Admin 480 — Unsuccessful application for permission to appeal against refusal of leave under s139 to bring proceedings. | 2009-04-19 | 2001 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Permission hearings, Transcript |
| Platts v Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) — Inquest into suicide of person with mental disorder - scope of inquest and Article 2 - whether former girlfriend was properly interested person | 2009-04-18 | 2008 cases, Inquest cases, Judgment available on Bailii, No summary, Transcript |
| R v Safi [2007] EWCA Crim 1392 — Appeal against restriction order dismissed. | 2009-04-13 | 2007 cases, Judgment available on Bailii, No summary, Restriction order cases, 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. | 2009-04-12 | 2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, 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.] | 2009-04-12 | 2004 cases, Inquest cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (Burke) v General Medical Council [2005] EWCA Civ 1003 — Artificial nutrition and hydration. | 2009-04-12 | 2005 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (Burke) v General Medical Council [2004] EWHC 1879 (Admin) — Artificial nutrition and hydration. | 2009-04-12 | 2004 cases, Best interests, Judgment available on Bailii, No summary, Transcript |
| R (JL) v SSJ [2008] UKHL 68 — The nature of the investigation that must be carried out by the State whenever a prisoner in custody makes an attempt to commit suicide that nearly succeeds and which leaves him with serious injury. | 2009-04-12 | 2008 cases, ECHR, Judgment available on Bailii, No summary, Transcript |
| Magowan, Re Judicial Review [2009] NIQB 6 — Unsuccessful judicial review of failure of social services to make arrangements which would have allowed discharge from hospital. | 2009-04-12 | 2009 cases, Community care, Judgment available on Bailii, No summary, Northern Irish cases, Transcript |
| Kucheruk v Ukraine (2007) 2570/04 ECHR 712 — Violations of Article 3, 5(1) and 5(4). | 2009-04-12 | 2007 cases, ECHR, Judgment available on Bailii, No summary, Transcript |
| Jain v Trent Strategic Health Authority [2009] UKHL 4 — Unsuccessful negligence claim relating to the cancellation of nursing home registration. | 2009-04-12 | 2009 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Jain v Trent Strategic Health Authority [2007] EWCA Civ 1186 — Unsuccessful negligence claim relating to the cancellation of nursing home registration. | 2009-04-12 | 2007 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| R (Johnson) v SSHD [2007] EWCA Civ 427 — Parole Board delay breached Article 5(4). | 2009-04-12 | 2007 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript |
| Re F (Adult Patient) [2000] EWCA Civ 3029 — Court's jurisdiction. | 2009-04-12 | 2000 cases, Best interests, Judgment available on Bailii, 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 | 2000 cases, Consulting NR, Judgment available on Bailii, Miscellaneous cases, 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 | 2000 cases, Judgment available on Bailii, 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 | 2000 cases, Judgment available on Bailii, 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 | 2000 cases, Judgment available on Bailii, No summary, Re-sectioning after hearing, 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 | 2000 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (B) v Uxbridge County Court [2000] EWHC 641 (Admin) — Unsuccessful appeal against s29 displacement order. | 2009-04-11 | 2000 cases, Displacement, Judgment available on Bailii, No summary, Transcript |
| Nora McClelland v Simon S [2000] EWCA Civ 3028 — Unsuccessful appeal against s29 displacement order. | 2009-04-11 | 2000 cases, Displacement, Judgment available on Bailii, No summary, 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 | 2000 cases, Consulting NR, Judgment available on Bailii, No summary, 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 | 2000 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Smirek v Williams [2000] EWCA Civ 3025 — Unsuccessful appeal against displacement order under s29. | 2009-04-11 | 2000 cases, Displacement, Judgment available on Bailii, No summary, Transcript |
| R (F) v Liverpool City Council [1997] EWHC Admin 375 — Identification of nearest relative. | 2009-04-11 | 1997 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript |
| Re Rodrigues [1997] EWCA Civ 1630 — Unfounded habeas corpus application. | 2009-04-11 | 1997 cases, Judgment available offline, Judgment missing from Bailii, No summary, Transcript, Unimportant cases |
| Re MB (Caesarean Section) [1997] EWCA Civ 1361 — The claimant lacked capacity on a temporary basis because of her fear of needles; in an emergency the doctors would be free to administer anaesthetic if that were in her best interests. | 2009-04-11 | 1997 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript |
| R v Reid [2005] EWCA Crim 392 — Appeal against life sentence refused (the appellant would have preferred a restricted hospital order). | 2009-04-11 | 2005 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v M (John) [2003] EWCA Crim 3452 — The principal issue in this appeal concerns the test to be applied as a matter of law in determining whether an accused is fit to plead to the charge, or charges, against him. | 2009-04-11 | 2003 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) [2003] EWCA Crim 1824 — Prison sentence of 3 years increased to 8 (or 10?) years. | 2009-04-11 | 2003 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript |
| R v Lane (Geoffrey) [2003] EWCA Crim 382 — Sentence of four-and-a-half years' imprisonment quashed and substituted with hospital order. | 2009-04-11 | 2003 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v H [2003] UKHL 1 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964. | 2009-04-11 | 2003 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| R v Frampton [2003] EWCA Crim 3649 — Sentence of two and a half years' imprisonment substituted with a sentence of 15 months' imprisonment. | 2009-04-11 | 2003 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Dietschmann [2003] UKHL 10 — Effect of alcohol on diminished responsibility. | 2009-04-11 | 2003 cases, Diminished responsibility cases, Judgment available on Bailii, No summary, Transcript |
| R v Shepherd (Jack) [2002] EWCA Crim 1091 — Conviction quashed and substituted with an admission order with restrictions as, had the issue been raised, on the evidence the jury would have found that the defendant was unfit to plead but had done the act. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| R v R [2002] EWCA Crim 165 — Appeal against restriction order allowed. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R v Kearney [2002] EWCA Crim 2772 — Appeal against restriction order allowed. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R v Johnson (Frank) [2002] EWCA Crim 1900 — Conviction quashed as during trial the defendant had become unfit to plead. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| R v Gunning (Neville) [2002] EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Goode [2002] EWCA Crim 1698 — Appeal against restriction order refused. | 2009-04-11 | 2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R v Williams (Royland Richard) [2001] EWCA Crim 32 — Period of suspension of five-month prison sentence varied from two years to one year. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Stevens (Theresa Mary) [2001] EWCA Crim 2888 — Eight-month prison sentence quashed and substituted with two-year community rehabilitation order with treatment requirement. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Smith (Paul Lee) [2001] EWCA Crim 743 — Seven-year sentence quashed and substituted with hospital order and restriction order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Simmonds (Mark Gordon) [2001] EWCA Crim 167 — Life sentence quashed and substituted with six-year sentence. | 2009-04-11 | 2001 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript |
| R v Skermer (Mark) [2001] EWCA Crim 2638 — Prison sentence quashed and substituted with community rehabilitation order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v M [2001] EWCA Crim 2024 — Article 6 does not apply to proceedings under sections 4 (finding of unfitness to plead) and 4A (finding that the accused did the act or made the omission charged against him) Criminal Procedure (Insanity) Act 1964. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases |
| AG's ref (no 83 of 2001) sub nom R v Fidler (Stephen David) [2001] EWCA Crim 2443 — Sentence upheld (community rehabilitation order for two years with requirements that the offender should reside where directed by the probation officer to include hospital or as an in-patient or out-patient and to take such medication as was prescribed). | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript |
| R v Cooper (Dean) [2001] EWCA Crim 57 — Sentence of three-and-a-half years' detention quashed and substituted with interim hospital order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Colohan (Sean Peter) [2001] EWCA Crim 1251 — The appellant's argument that his schizophrenia brought him outside the provisions of the Protection from Harassment Act 1997 was rejected. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript |
| R v Bunjo (Senad) [2001] EWCA Crim 1453 — Three-year prison sentence quashed and replaced with community rehabilitation order with a condition of treatment. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Budgen (Rebecca) [2001] EWCA Crim 1708 — 18-month prison sentence quashed and substituted with hospital order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Brewah (Alfred) [2001] EWCA Crim 1104 — Appeal against conviction dismissed; six-year sentence quashed and substituted with hospital order and restriction order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Blackford (Jodie) [2001] EWCA Crim 1479 — 21-month sentence for arson quashed and - having regard to the appellant's youth, her good character, her immaturity, her family, her plea and essentially her mental state - substituted with community rehabilitation order. | 2009-04-11 | 2001 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Reynolds (Daniel Ferdinand George) [2000] EWCA Crim 3539 — Appeal against restriction order allowed. | 2009-04-11 | 2000 cases, Judgment available on Bailii, 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 | 2000 cases, Judgment available on Bailii, 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 | 2000 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript |
| R v Jones (Michelle Louise) [2000] EWCA Crim 3538 — Appeal against restriction order allowed. | 2009-04-11 | 2000 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R v Kamara [2000] EWCA Crim 17 — Appeal against restriction order dismissed. | 2009-04-11 | 2000 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript |
| R v Disley v [1996] EWCA Crim 362 — Appeal against restriction order dismissed. | 2009-04-11 | 1996 cases, Judgment available offline, Judgment missing from Bailii, No summary, Restriction order cases, Transcript |
| Romanov v Russia 63993/00 [1998] ECHR 115 — The applicant's complaints about the prison conditions, the length of his detention on remand and the complaint concerning his right to be present at the hearing were admissible. | 2009-04-10 | 1998 cases, ECHR, Judgment available on Bailii, No summary, Transcript |
| R (B) v London Borough of Camden [2004] EWHC 2348 (Admin) — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Permission refused. | 2009-01-22 | 2004 cases, After-care, Judgment available on Bailii, No summary, 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. | 2009-01-21 | 2009 cases, ECHR, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| Bensaid v UK 44599/98 [2001] ECHR 82 — The deportation to Algeria of a patient suffering from schizophrenia did not breach Articles 3, 8 or 13. | 2008-11-27 | 2001 cases, ECHR, Judgment available on Bailii, No summary, Repatriation cases, Transcript |
| R (N) v Coventry City Council [2008] EWHC 2786 (Admin) — "This case concerns the assessment by Coventry City Council of the claimant's needs under section 47 of the National Health Service and Community Care Act 1990 and its decision to refuse him support under section 21 of the National Assistance Act 1948. It turns, in particular, on the meaning of "care and attention" in section 21, as interpreted by the House of Lords recently, and the ambit of Article 3 ECHR in the context of community care legislation." (para 1) | 2008-11-25 | 2008 cases, Community care, Judgment available on Bailii, No summary, Transcript |
| Stec v UK 65731/01 [2006] ECHR 393 — Judgment of Grand Chamber. State benefits, Article 1 of Protocol No 1 & Article 14. | 2008-11-24 | 2006 cases, ECHR, Judgment available on Bailii, No summary, Transcript, Welfare benefits cases |
| Stec v UK 65731/01 [2005] ECHR 924 — Admissibility decision. State benefits, Article 1 of Protocol No 1 & Article 14. | 2008-11-24 | 2005 cases, ECHR, Judgment available on Bailii, No summary, Transcript, Welfare benefits cases |
| 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. | 2008-10-30 | 2008 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R (B) v South Region MHRT [2008] EWHC 2356 (Admin) — Unsuccessful challenge to Tribunal's decision not to discharge from Broadmoor hospital. | 2008-10-23 | 2008 cases, Bias cases, Judgment available on Bailii, No summary, Reasons, Transcript |
| Munjaz v UK 32913/06 [2008] ECHR 215 — Statement of facts and questions lodged with the court. | 2008-10-23 | 2008 cases, ECHR, Judgment available on Bailii, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority [1998] EWCA Civ 160 — Broadmoor's random and routine search policy was lawful. | 2008-10-15 | 1998 cases, Judgment available on MHLO, Judgment missing from Bailii, Miscellaneous cases, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority [1997] EWCA Civ 2875 — Permission granted to appeal (challenge to Broadmoor search policy). | 2008-10-15 | 1997 cases, Judgment available offline, Judgment missing from Bailii, Miscellaneous cases, No summary, Transcript |
| R (S) v Broadmoor Special Hospital Authority [1997] EWHC Admin 875 — Broadmoor's random and routine search policy was lawful. | 2008-10-15 | 1997 cases, Judgment available on MHLO, Judgment missing from Bailii, Miscellaneous cases, No summary, Transcript |
Article titles
The following 200 pages are in this category.
(previous page) (next page)A
- A County Council v E (2012) EWHC 4161 (COP), (2012) MHLO 176
- A County Council v MB (2010) EWHC 2508 (COP)
- A Healthcare NHS Trust v P and Q (2015) EWCOP 15, (2015) MHLO 23
- A Local Authority v AK (2012) EWHC B29 (COP), (2012) MHLO 166
- A Local Authority v B, F and G (2014) EWCOP B18, (2014) MHLO 70
- A Local Authority v B, F and G (2014) EWCOP B21, (2014) MHLO 71
- A Local Authority v DL (2010) EWHC 2675 (Fam)
- A Local Authority v ED (2013) EWHC 3069 (COP), (2013) MHLO 92
- A Local Authority v HS (2013) EWHC 2410 (COP), (2013) MHLO 58
- A Local Authority v K (2013) EWHC 242 (COP), (2013) MHLO 11
- A Local Authority v M (2015) EWCOP 69, (2015) MHLO 135
- A Local Authority v SY (2013) EWHC 3485 (COP), (2013) MHLO 96
- A Local Authority v TZ (2013) EWHC 2322 (COP), (2013) MHLO 91
- A Local Authority v TZ (No 2) (2014) EWCOP 973, (2014) MHLO 72
- A Local Authority v WMA (2013) EWHC 2580 (COP), (2013) MHLO 79
- A Local Health Board v AB (2015) EWCOP 31, (2015) MHLO 95
- A London Borough v VT (2011) EWHC 3806 (COP)
- A London Local Authority v JH (2011) EWHC 2420 (COP)
- AB v LM (2013) EWHC 1234 (COP), (2013) MHLO 139
- AB v MHTS (2011) ScotSC B694/11
- AF v Nottinghamshire NHS Trust (2015) UKUT 216 (AAC), (2015) MHLO 43
- AG v Mental Health Tribunal for Scotland (2006) ScotSC 113
- AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) (2003) EWCA Crim 1824
- AG's ref (no 83 of 2001) sub nom R v Fidler (Stephen David) (2001) EWCA Crim 2443
- AG's reference (no 3 of 1998) (1999) EWCA Crim 835
- AG's reference (no 60 of 2012) sub nom R v Edwards (2012) EWCA Crim 2746, (2012) MHLO 135
- Aidiniantz v Riley (2015) EWCOP 65, (2015) MHLO 81
- Aintree University Hospitals NHS Foundation Trust v David James (2013) EWCA Civ 65, (2013) MHLO 17
- Aintree University Hospitals NHS Foundation Trust v David James (2013) UKSC 67, (2013) MHLO 95
- AK v Central and NW London Mental Health NHS Trust (2008) EWHC 1217 (QB)
- AL v Mental Health Tribunal for Scotland (2007) ScotSC 44
- An English Local Authority v SW and A Scottish Local Authority (2014) EWCOP 43, (2014) MHLO 122
- An NHS Foundation Hospital v P (2014) EWHC 1650 (Fam), (2014) MHLO 35
- An NHS Foundation Trust v M and K (2013) EWHC 2402 (COP), (2013) MHLO 67
- An NHS Trust v DE (2013) EWHC 2562 (Fam), (2013) MHLO 78 (COP)
- An NHS Trust v DJ (2012) EWHC 3524 (COP), (2012) MHLO 138
- An NHS Trust v J (2014) EWCOP 2675, (2014) MHLO 58
- An NHS Trust v L (2012) EWHC 4313 (Fam), (2012) MHLO 180 (COP)
- Arshad v Court of Magistrates Malta (2013) EWHC 3619 (Admin), (2013) MHLO 138
- Ashworth Hospital Authority v MGN Ltd (2000) EWCA Civ 334
- Ashworth Hospital Authority v MGN Ltd (2002) UKHL 29
- Aster Healthcare Ltd v The Estate of Mohammed Shafi (2014) EWCA Civ 1350, (2014) MHLO 134
- Attorney General v Ratra (2003) EWHC 1291 (Admin)
- Austin v Commissioner of Police of the Metropolis (2007) EWCA Civ 989
- Austin v UK 39692/09 (2012) ECHR 459, (2012) MHLO 22
- Aylott v Stockton-On-Tees BC (2010) EWCA Civ 910
- Aylott v Stockton-on-Tees BC (2010) EWCA Civ 910
B
- B v B (2010) EWHC 543 (Fam)
- BA v SSHD (2017) UKAITUR IA343212013
- Baker v Cambridgeshire and Peterborough NHSFT (2015) EWHC 609 (QB), (2015) MHLO 29
- Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust (1998) EWCA Civ 1347
- Barnsley MBC v GS (2014) EWCOP 46, (2014) MHLO 124
- BCZ v SSHD (2014) EWHC 3585 (Admin), (2014) MHLO 114
- Beattie v Dunbar (Mental Health Officer) (2006) ScotSC 108
- Bensaid v UK 44599/98 (2001) ECHR 82
- BG v MHTS (2015) CSIH 18, (2015) MHLO 26
- Bialek v Circuit Court in Warsaw Poland (2013) EWHC 930 (Admin), (2013) MHLO 39
- BIM v MD (2014) EWCOP 39, (2014) MHLO 100
- Black v MHTS (2011) CSIH 83
- Border v Lewisham and Greenwich NHS Trust (2015) EWCA Civ 8, (2015) MHLO 8
- Bostridge v Oxleas NHS Foundation Trust (2015) EWCA Civ 79, (2015) MHLO 12
- Bournemouth Borough Council v PS (2015) EWCOP 39, (2015) MHLO 112
- Bradbury v Paterson (2014) EWHC 3992 (QB), (2014) MHLO 110
- Breslin v McKenna (Omagh Bombing case) (2009) NIQB 50
- Bristol City Council v AW (2009) UKUT 109 (AAC)
- Bunting v W (2005) EWHC 1274 (Ch)
- Byrne v Mental Health Tribunal for Scotland (2006) ScotSC 29
C
- C v Clinical Director of St Patricks Hospital (2009) IEHC 13
- C v South London and Maudsley Hospital NHS Trust (2001) EWHC Admin 480
- C v SSHD (2012) EWHC 1543 (Admin), (2012) MHLO 125
- Cheshire West and Chester Council v P (2014) UKSC 19
- Cook v Bradford Community Health NHS Trust (2002) EWCA Civ 1616
- County Durham and Darlington NHSFT v PP (2014) EWCOP 9, (2014) MHLO 65
- CWM TAF University v F (2015) EWHC 2533 (Fam), (2015) MHLO 75
D
- D v Barnet Healthcare Trust (2000) EWCA Civ 3027
- Dalton v Latnam (2003) EWHC 796 (Ch)
- DB v SSWP (2010) UKUT 144 (AAC)
- DD v Durham County Council & Anor (2013) EWCA Civ 96, (2013) MHLO 31
- DD v SSHD (2014) EWHC 3820 (Admin), (2014) MHLO 140
- Derbyshire County Council v AC (2014) EWCOP 38, (2014) MHLO 121
- Derbyshire County Council v Kathleen Danby (2014) EWCOP B22, (2014) MHLO 73
- Derbyshire County Council v Kathleen Danby (2014) EWCOP B26, (2014) MHLO 106
- DGP Law v DGHP (2015) EWCOP 58, (2015) MHLO 67
- Dillon v SSHD (2002) EWHC 732 (Admin)
- DO v LBH (2012) EWHC 4044 (Admin), (2012) MHLO 165
- Donna v Martin (2015) EWCOP 23, (2015) MHLO 31
- Dordevic v Croatia 41526/10 (2012) ECHR 1640, (2012) MHLO 136
- Dorset County Council v PL (2015) EWCOP 44, (2015) MHLO 117
- Dunn v South Tyneside Health Care NHS Trust (2003) EWCA Civ 878
- Durham County Council v Dunn (2012) EWCA Civ 1654, (2012) MHLO 169
E
G
- G v E (2010) EWHC 2512 (COP)
- G v E (2010) EWHC 3385 (Fam)
- Gill v Woodall (2009) EWHC B34 (Ch)
- Gloucestershire CCG v AB (2014) EWCOP 49, (2014) MHLO 126
- GN v Newland (2015) EWCOP 43, (2015) MHLO 116
- Graves v Capital Home Loans Ltd (2014) EWCA Civ 1297, (2014) MHLO 113
- Greaves v Stolkin (2013) EWHC 1140 (Ch), (2013) MHLO 36
H
- H v USA (2015) EWHC 1066 (Admin), (2015) MHLO 37
- Hackett v CPS (2011) EWHC 1170 (Admin)
- Han v President of the Circuit Court (2008) IEHC 160
- Health Service Executive of Ireland v CNWL (2015) EWCOP 48, (2015) MHLO 119
- Heart of England NHS Foundation Trust v JB (2014) EWHC 342 (COP), (2014) MHLO 9
- Henderson v Wilcox (2015) EWHC 3469 (Ch), (2015) MHLO 108
- Her Majesty's Advocate v S (1999) ScotHC 183
- Hession v Health Service Commissioner for Wales (2001) EWHC Admin 619
- HK v Llanarth Court Hospital (2014) UKUT 410 (AAC), (2014) MHLO 95
- Hossack v Legal Services Commission (2011) EWCA Civ 788
- HSE Ireland v SF (A Minor) (2012) EWHC 1640 (Fam), (2012) MHLO 69
- HT v CK (2012) EWHC 4160 (COP), (2012) MHLO 175
- Hughes v Mental Health Tribunal for Scotland (2006) ScotSC 56
J
- Jain v Trent Strategic Health Authority (2007) EWCA Civ 1186
- Jain v Trent Strategic Health Authority (2009) UKHL 4
- JG v MHTS (2010) ScotSC 170
- JG v MHTS (2011) ScotSC 110
- JMCA v The Belfast Health and Social Care Trust (2014) NICA 37, (2014) MHLO 147
- JP v Birmingham and Solihull MH NHS Trust (2010) Upper Tribunal 30/7/10 (HM/535/2010)
- JP v South London and Maudsley NHS Foundation Trust (2012) UKUT 486 (AAC)
- JP v SSWP (DLA) (2014) UKUT 275 (AAC), (2014) MHLO 81
- JS v KB and MP (Property And Affairs Deputy for DB) (2014) EWHC 483 (COP), (2014) MHLO 12
- Juncal v UK 32357/09 (2010) ECHR 249
K
- K v Hospital Managers of the Kingswood Centre (2014) EWHC 2271 (Admin), (2014) MHLO 101
- KF v Birmingham and Solihull Mental Health NHS Foundation Trust (2010) UKUT 185 (AAC)
- Kicks v Leigh (2014) EWHC 3926 (Ch), (2014) MHLO 136
- Kim Louise Scarsbrook or Galbraith v Her Majesty's Advocate (2001) ScotHC 45
- Kolanis v UK 517/02 (2005) ECHR 411
- Kucheruk v Ukraine (2007) 2570/04 ECHR 712
- KY v DD (2011) EWHC 1277 (Fam)
L
- LA v MHTS (2011) ScotSC 119
- Lacki v Poland (2012) EWHC 1747 (Admin), (2012) MHLO 120
- Lalli v Spirita Housing Ltd (2012) EWCA Civ 497, (2012) MHLO 121
- Law Hospital NHS Trust v Lord Advocate (1996) ScotCS CSIH 2
- Law Society v Legal Services Commission (2007) EWHC 1848 (Admin)
- Law Society v Legal Services Commission (2010) EWHC 2550 (Admin)
- Lazariu v Romania 31973/03 (2014) ECHR 1219, (2014) MHLO 139
- LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP)
- LB Haringey v FG (No. 2) (2011) EWHC 3933 (COP)
- LB Redbridge v G (2014) EWHC 485 (COP), (2014) MHLO 13
- LB Redbridge v G (No 2) (2014) EWCOP 959, (2014) MHLO 28
- LB Redbridge v G (No 3) (2014) EWCOP 1361, (2014) MHLO 29
- LB Redbridge v G (No 4) (2014) EWCOP 5, (2014) MHLO 66
- LB Richmond v W (2001) QB 370
- LB Tower Hamlets v BB (2011) EWHC 2853 (Fam)
- LB Tower Hamlets v TB (2014) EWCOP 53, (2014) MHLO 130
- LB Waltham Forest v WD (2010) MHLO 195
- Lewis v Gibson (2005) EWCA Civ 587
- LG v DK (2011) EWHC 2453 (COP)
- LN v Surrey NHS Primary Care Trust (2011) UKUT 76 (AAC)
- London Borough of Barnet v Robin (1998) EWCA Civ 1630
- London Borough of Southwark v P (2015) EWCOP 40, (2015) MHLO 113
- Lothian Health Board v Martin and MHTS (2007) ScotSC 15
- Loughlin v Singh (2013) EWHC 1641 (QB), (2013) MHLO 71
- LS v LB Lambeth (HB) (2010) UKUT 461 (AAC)
- Lucia Benyu v Solicitors Regulation Authority (2015) EWHC 4085 (Admin), (2015) MHLO 137
M
- M v B (2005) EWHC 1681 (Fam)
- M v South West London and St George's Mental Health NHS Trust (2008) EWCA Civ 1112
- Magowan, Re Judicial Review (2009) NIQB 6
- Masterman-Lister v Brutton and Co (2002) EWCA Civ 1889
- Masterman-Lister v Jewell (2002) EWHC 417 (QB)
- Mazhar v Lord Chancellor (2017) EWHC 2536 (Fam)
- McGlynn v Mental Health Tribunal for Scotland (2006) ScotSC 18
- Medway Council v M and T (2015) EWFC B164, (2015) MHLO 78
- Megyeri v Germany 13770/88 (1992) ECHR 49
- Mersey Care NHS Trust v Ackroyd (2006) EWHC 107 (QB)
- Mersey Care NHS Trust v Ackroyd (2007) EWCA Civ 101
- Miles v The Public Guardian (2015) EWHC 2960 (Ch), (2015) MHLO 139
- Milton Keynes Council v RR (2014) EWCOP 34, (2014) MHLO 120
- Milton Keynes Council v RR (2014) EWCOP B19, (2014) MHLO 30
- MJJAB v Scottish Ministers (2010) CSIH 31
- MK (Mental Illness, Articles 3 and 8) Pakistan (2005) UKIAT 75
- MK v JK (2013) EWHC 4334 (COP), (2013) MHLO 81
- MM (Zimbabwe) v SSHD (2012) EWCA Civ 279, (2012) MHLO 38
- Ms B v An NHS Hospital Trust (2002) EWHC 429 (Fam)
- Munjaz v UK 32913/06 (2008) ECHR 215
N
- N v E (2014) EWCOP 27, (2014) MHLO 91
- Narey v HM Customs and Excise (2005) EWHC 784 (Admin)
- Newcastle City Council v PV (2015) EWCOP 22, (2015) MHLO 51
- Newcastle upon Tyne Hospitals Foundation Trust v LM (2014) EWHC 454 (COP), (2014) MHLO 14
- NMcM v SSWP (DLA) (2014) UKUT 312 (AAC), (2014) MHLO 88
- Nora McClelland v Simon S (2000) EWCA Civ 3028
- North Somerset Council v LW (2014) EWCOP 3, (2014) MHLO 39
- North Somerset Council v LW (2014) EWHC 1670 (Fam), (2014) MHLO 38
- Northamptonshire Healthcare NHS Foundation Trust v ML (2014) EWCOP 2, (2014) MHLO 31
- NT v FS (2013) EWHC 684 (COP), (2013) MHLO 18
P
- P v Independent Print Ltd (2011) EWCA Civ 756
- P v Surrey County Council (2015) EWCOP 54, (2015) MHLO 87
- Paterson v Kent (2006) ScotSC 48
- PB v RB (2012) EWHC 4159 (COP), (2012) MHLO 174
- Pearce v Beverley (2013) EW Misc 10 (CC)
- Perrins v Holland (2010) EWCA Civ 1398
- Perrins v Holland (2010) EWCA Civ 840
- Peter Kiernan v Harrow Crown Court (2003) EWCA Crim 1052
- Peters v East Midlands SHA (2009) EWCA Civ 145
- PJV v Assistant Director Adult Social Care Newcastle City Council (2015) EWCOP 87, (2015) MHLO 138
- Platts v Coroner for South Yorkshire (East District) (2008) EWHC 2502 (Admin)
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