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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Health - From: 1997 To: 1997

This page lists 52 cases, and was prepared on 27 May 2018.

 
A Metropolitan Borough Council v DB [1997] 1 FLR 767
1997


Health, Children

1 Citers


 
In Re L (Patient: Non-Consensual Treatment) Times, 01 January 1997
1997
FD

Health
Patient's over-riding fear of injection may allow court to take over treatment decisions.

 
Smith ex parte v Cambridge Health Authority [1997] EWCA Civ 775
15 Jan 1997
CA

Health

[ Bailii ]
 
In the Matter of Michael Shortall, In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1997] EWHC Admin 13
15 Jan 1997
Admn

Health

[ Bailii ]

 
 Regina v Human Fertilisation and Embryology Authority ex parte DB; CA 6-Feb-1997 - Times, 07 February 1997; [1997] EWCA Civ 946; [1997] 2 WLR 806; [1997] EWCA Civ 3092; [1999] Fam 151; [1997] EWCA Civ 4003
 
Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte S [1997] EWHC Admin 156
18 Feb 1997
Admn
Stuart White J
Health
An application was to be made to challenge a decision to sterilise a young woman in the care of the health authority. Held. The application was in the nature of a request for judicial review. As such a judge in the administrative division was likely to have better experience, and the application should be there rather than in the family division.
1 Citers

[ Bailii ]

 
 In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum and In the Matter of Bouchaka; Admn 21-Feb-1997 - [1997] EWHC Admin 174
 
U v W (Attorney-General Intervening) Gazette, 19 March 1997; Times, 04 March 1997; [1998] Fam 29; [1997] 2 FLR 282
4 Mar 1997
FD
Wilson J
Health, Health Professions, European
The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of 'treatment together' and if the respondent had believed at all material times that the treatment which was being provided in which his sperm alone was to be used, the treatment of the applicant with donor sperm would not have amounted to services provided for them together. The test is not whether the man consented either to be deemed in law to be the father of the prospective child or to become legally responsible for him. The subsection concentrates on what would be expected of unmarried couples in a stable relationship who are seeking to bring a child into being jointly as their child. The test which it adopts is whether the relevant treatment services were provided for the woman and the man together. "In my view what has to be demonstrated is that, in the provision of treatment services with donor sperm, the doctor was responding to a request for that form of treatment made by the woman and the man as a couple, notwithstanding the absence in the man of any physical role in such treatment."
Human Fertilisation and Embryology Act 1990 28(3) - Children Act 1989
1 Citers


 
Regina v Bath Mental Healthcare NHS Trust; Wiltshire Health Authority; Wiltshire County Council ex parte Beck and Others [1997] EWHC Admin 238
7 Mar 1997
Admn

Health


 
Regina v Bath Mental Healthcare Trust and others ex parte Alice Beck and others [1997] EWCA Civ 1190
7 Mar 1997
CA

Health

[ Bailii ]
 
Regina v Central London County Court and Managers of Gordon Hospital ex parte Ax London [1997] EWHC Admin 250
12 Mar 1997
Admn

Health

1 Cites

1 Citers


 
Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George's Health Care NHS Trust ex parte 'S' [1997] EWHC Admin 281
17 Mar 1997
Admn
Popplewell J
Health
The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose.
Mental Health Act 1983 2 - Supreme Court Act 1981 31(6)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Louise Collins; Pathfinder Mental Health Services NHS Trust and St George's Health Care NHS Trust ex parte 'S' [1997] EWHC Admin 280
17 Mar 1997
Admn

Health

1 Cites

1 Citers

[ Bailii ]

 
 In Re C (A Minor) (Medical Treatment: Court's Jurisdiction); Re C (Detention: Medical Treatment); FD 21-Mar-1997 - Gazette, 03 April 1997; Times, 21 March 1997; [1997] 2 FLR 180
 
Regina v Oxfordshire Mental Health Review Tribunal ex parte Joseph Arnold Warren [1997] EWCA Civ 1311
21 Mar 1997
CA

Health

[ Bailii ]

 
 Regina v Gloucestershire County Council and Another, Ex Parte Barry; HL 21-Mar-1997 - Gazette, 09 April 1997; Times, 21 March 1997; [1997] AC 584; [1997] UKHL 58; [1997] 2 WLR 459; [1997] 2 All ER 1; (1997) 9 Admin LR 209; (1997-98) 1 CCL Rep 40; (1997) 36 BMLR 92

 
 In re MB (Medical Treatment); CA 26-Mar-1997 - [1997] EWCA Civ 3093; [1997] 2 FLR 426; [1997] 8 Med LR 217; [1997] Fam Law 542; [1997] 2 FCR 54; (1997) 38 BMLR 175

 
 In re MB (Medical Treatment); CA 26-Mar-1997 - [1997] EWCA Civ 1361; [1997] 2 FLR 426
 
Regina v Sefton Borough Council ex parte Help the Aged Times, 27 March 1997; [1997] EWHC Admin 338
26 Mar 1997
Admn

Health, Local Government
A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide.
National Assistance Act 1948 2(1)(a)
1 Citers



 
 In Re M B (Caesarian Section); CA 18-Apr-1997 - Times, 18 April 1997
 
Regina v Mental Health Review Tribunal for Merseyside ex parte Patrick Joseph Kelly [1997] EWHC Admin 398
22 Apr 1997
Admn

Health

[ Bailii ]
 
Krol v Craig Times, 02 May 1997
2 May 1997
IHCS

Health
A mental patient is not entitled to immediate release despite certificate applying for community care order and original grounds no longer applying.

 
In the Matter of Rodrigues and In the Matter of South Bedfordshire Health Care Community Trust and In the Matter of an Application for Writ of Habeas Corpus [1997] EWCA Civ 1630
7 May 1997
CA

Health

[ Bailii ]
 
Regina v North Yorkshire County Council Ex Parte Hargreaves Times, 12 June 1997
12 Jun 1997
QBD

Health, Local Government, Benefits
The local authority's duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays.
Chronically Sick and Disabled Persons Act 1970
1 Cites



 
 Regina v East Riding of Yorkshire Council and Kingston Upon Hull City ex parte Michael Bogdal; Admn 24-Jun-1997 - [1997] EWHC Admin 587
 
Regina v South West Thames Mental Health Review Tribunal ex parte Pierre Demetri [1997] EWHC Admin 622
2 Jul 1997
Admn

Health

[ Bailii ]
 
Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte M S [1997] EWCA Civ 2019
3 Jul 1997
CA

Health, Litigation Practice
The hospital authorities applied ex parte and were granted a declaration which dispensed with the applicant's consent to medical treatment. Held. Her appeal was allowed. A declaration (especially one affecting an individual's personal autonomy) ought not to be made on an ex parte basis, not least because it would be ineffective to achieve its purpose of protecting the doctor or doctors who administered the treatment from claims. This was an order which the applicant "is entitled to have set aside ex debito justitiae. That may involve some unfairness to the doctors and nurses at St George's . . But the unfairness (indeed injustice) to MS would be much greater if the order were not set aside."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte M S [1997] EWCA Civ 2020
3 Jul 1997
CA

Health

1 Cites

1 Citers

[ Bailii ]

 
 In Re Whitbread (Mental Patient: Habeas Corpus); CA 9-Jul-1997 - Times, 14 July 1997; Gazette, 09 July 1997
 
Mental Health Review Tribunal v John Jeremy Hempstock [1997] EWHC Admin 664
10 Jul 1997
Admn

Health

[ Bailii ]
 
Regina v Medicines Control Agency Ex Parte Pharma Nord Ltd Times, 29 July 1997; [1997] EWHC Admin 674
11 Jul 1997
QBD
Collins J
Health, Licensing, Administrative
A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached.
1 Citers

[ Bailii ]
 
Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher [1997] EWHC Admin 675; [1997] 38 BMLR 76; (1998) 1 CCLR 150; (1998) 10 Admin LR 27
11 Jul 1997
Admn
Dyson J
Health
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: "If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it into account in the discharge of their functions. They would be susceptible to challenge only on Wednesbury principles if they failed to consider the circular, or if they misconstrued or misapplied it whether deliberately or negligently . . . If the circular gave directions, then the health authorities would have an absolute duty to comply. I agree that it is important that the court should be slow to construe a document as a direction in the absence of clear words that that is what it is intended to be. The language of the circular is very far from clearly demonstrating an intention to give directions. It is, of course, important to examine substance rather than form. The substance here is to be found in the language of the circular."
1 Cites

1 Citers

[ Bailii ]
 
Regina v Cheshire County Council ex Benjamin Phillip Allcock (By His Father and Next Friend David Malcolm Allcock) [1997] EWHC Admin 689
16 Jul 1997
Admn

Local Government, Health

[ Bailii ]
 
Regina v Managers of North West London Mental Health NHS Trust and Secretary of State for Health ex parte Cleveland Percival Stewart [1997] EWCA Civ 2201
25 Jul 1997
CA

Health

[ Bailii ]
 
Regina v Mental Health Review Tribunal for North West Region ex parte Ronald James Macdonald [1997] EWHC Admin 716
28 Jul 1997
Admn

Health

[ Bailii ]
 
Regina v Family Health Services Appeal Authority ex parte Tesco Stores Limited and Mansukhlal Devraj Shah [1997] EWHC Admin 737
30 Jul 1997
Admn

Health

[ Bailii ]
 
Regina v Sefton Metropolitan Borough Council ex parte Help Aged ex parte Charlotte Blanchard [1997] EWCA Civ 2265; (1997) 1 CCLR 57; [1997] 4 All ER 532; [1997] 38 BMLR 135
31 Jul 1997
CA

Health, Local Government

1 Cites

1 Citers

[ Bailii ]
 
Regina v Medicines Control Agency ex parte Rhone Poulenc Rorer Limited; May and Baker Limited [1997] EWHC Admin 750
31 Jul 1997
Admn
Tucker J
Health, Commercial

Medicines Act 1968
[ Bailii ]

 
 Regina v North and East Devon Health Authority; North Devon Healthcare NHS Trust ex parte Pow, Geall and Ridd; Admn 4-Aug-1997 - [1997] EWHC Admin 765; [1998] 1 CCLR 280
 
Regina v North West London Mental Health Nhs Trust Ex Parte Stewart Times, 27 August 1997
27 Aug 1997
CA

Health
A patient discharged conditionally under one part of the Act can still be detained properly under another. They constitute separate and distinct codes.
Mental Health Act 1983

 
Regina v South Thames Mental Health Review Tribunal (ex parte M ) [1997] EWHC Admin 797; [1998] C.O.D. 38
3 Sep 1997
Admn
Andrew Collins J
Health
An application to a Tribunal made by a patient detained for assessment under section 2 remained effective on his becoming detained for treatment under section 3 and had to be heard by the Tribunal.
1 Citers

[ Bailii ]
 
Regina v Mental Health Review Tribunal for Merseyside ex parte Stephen Gary Booth [1997] EWHC Admin 816
22 Sep 1997
Admn

Health

[ Bailii ]
 
Regina v Powys County Council ex parte Jenny Diane Hambidge Times, 05 November 1997; [1997] EWHC Admin 842
7 Oct 1997
Admn

Health, Local Government
A Local Authority has power to charge for services it provides under Chronically Sick and Disabled Persons Act and under the Health and Social Services etc Act.
Chronically Sick and Disabled Persons Act 1970 - Health and Social Services and Social Security Adjudications Act 1983 17(2)
[ Bailii ]

 
 Regina v East Riding of Yorkshire Council and Kingston Upon Hull City Council ex parte Michael Bogdal; CA 7-Oct-1997 - [1997] EWCA Civ 2435

 
 L v Bournewood Community and Mental Health NHS Trust; Admn 9-Oct-1997 - Gazette, 08 January 1998; Times, 08 December 1997; [1997] EWHC Admin 850; [1998] 2 WLR 764
 
Regina v Anglia and Oxfordshire Regional Mental Health Review Tribunal ex parte Mark Baptiste [1997] EWHC Admin 858
10 Oct 1997
Admn

Health

[ Bailii ]
 
Regina v Broadmoor Special Hospital Authority and Secretary of State for Health ex parte 'S', 'H', 'D', 'L' Times, 05 November 1997; [1997] EWHC Admin 875
15 Oct 1997
Admn

Health
A hospital admitting a patient under the Mental Health Act has the power to search the patient. Each hospital's policy, however, remains individually assessable for Wednesbury unreasonableness.
1 Citers

[ Bailii ]
 
Johnson v The United Kingdom Times, 04 December 1997; 22520/93; (1997) 27 EHRR 296; [1997] ECHR 88; (1998) 40 BMLR 1; [2010] ECHR 1857; [2010] ECHR 1859; [1998] HRCD 41; (1999) 27 EHRR 296
24 Oct 1997
ECHR

Health, Human Rights
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal hearing in June 1989 the opinion was that he was no longer suffering from mental illness but needed supervision if released. He was ordered for conditional discharge, subject to psychiatric supervisiona residence. His discharge was deferred until for accommodation to be found. It was not found. In 1990, he sought an absolute discharge, but the tribunal again directed a conditional discharge until suitable accommodation was found. A trial in another hospital unsuccessful and he was returned to Rampton. Another review repeated the same order. At a final review in 1993, the tribunal ordered his absolute discharge on the basis that he "is not now suffering from any form of mental disorder and that it is not appropriate for the patient to remain liable to be recalled for further treatment". Mr Johnson was accordingly released from hospital. He first contended was that the tribunal should have ordered his immediate and unconditional release. The Court rejected this contention, recognising the desirability of rehabilitation in the community and found no violation in the imposition of conditions to that end. Mr Johnson's alternative submission was that conditions must not hinder immediate or near immediate release and certainly not delay it excessively as had occurred in this case. This argument succeeded. "It is however of paramount importance that appropriate safeguards are in place so as to ensure that any deferral of discharge is consonant with the purpose of Article 5(1) and with the aim of the restriction in [Article 5(1)] sub-paragraph (e) and, in particular, that discharge is not unreasonably delayed." The Court drew attention to the absence of power in the tribunal or the authorities to ensure that the conditions could be implemented within a reasonable time, and to the 12-monthly interval between tribunal reviews, and concluded: "In these circumstances it must be concluded that the imposition of the hostel residence condition by the June 1989 Tribunal led to the indefinite deferral of the applicant's release from Rampton Hospital especially since the applicant was unwilling after October 1990 to co-operate further with the authorities in their efforts to secure a hostel, thereby excluding any possibility that the condition could be satisfied. While the 1990 and 1991 Tribunals considered the applicant's case afresh, they were obliged to order his continued detention since he had not yet fulfilled the terms of the conditional discharge imposed by the June 1989 Tribunal. Having regard to the situation which resulted from the decision taken by the latter Tribunal and to the lack of adequate safeguards including provision for judicial review to ensure that the applicant's release from detention would not be unreasonably delayed, it must be considered that his continued confinement after 15 June 1989 cannot be justified on the basis of Article 5(1)(e) of the Convention. For these reasons the Court concludes that the applicant's continued detention after 15 June 1989 constituted a violation of Article 5(1) of the Convention." The lack of a system for discharging mental patients whose treatment was no longer necessary, was a breach of the convention.
The court awarded £10,000 in damages.
European Convention on Human Rights 5.1
1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
 
Regina v Medicines Control Agency ex parte Pharma Nord (UK) Limited [1997] EWCA Civ 2770
19 Nov 1997
CA

Health, European

EC Directive 65/65 1(2)
[ Bailii ]

 
 In Re D (Medical Treatment: Consent); FD 26-Nov-1997 - Times, 14 January 1998; Gazette, 17 December 1997
 
Regina v Broadmoor Special Hospital Authority; Secretary of State for Department of Health ex parte S H and D [1997] EWCA Civ 2875
2 Dec 1997
CA

Judicial Review, Health

[ Bailii ]
 
Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L [1998] 2 WLR 764
2 Dec 1997
CA
Lord Woolf MR, Phillips and Chadwick LJJ
Health
The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. Held: He had in fact been detained: "We do not consider that the judge was correct to conclude that L was 'free to leave'. We think that it is plain that, had he attempted to leave the hospital, those in charge of him would not have permitted him to do so." and "In our judgment a person is detained in law if those who have control over the premises in which he is have the intention that he shall not be permitted to leave those premises and have the ability to prevent him from leaving. We have concluded that this was and is the position of L." The 1983 Act created a complete regime which excluded the application of the common law doctrine of necessity. The judgment was sustained.
Mental Health Act 1983 131(1)
1 Cites

1 Citers


 
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