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Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder. Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown … Continue reading Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

Regina v Ghulam: CACD 21 Oct 2009

If a defendant wished the court to consider whether he was fit to plead, he must provide reports from two medical experts to comply with the statute. In this case, the court had been provided with only one, and was therefore unable to consider the plea. Judges: Lord Justice Stanley Burnton, Mr Justice Penry-Davey and … Continue reading Regina v Ghulam: CACD 21 Oct 2009

Regina v Moore, Kerr, Haroon: CACD 5 Oct 2001

The applicants challenged the procedures under which, having been found unfit to plead by proceedings under the section, they were then found to have committed the acts forming the offences. The defendants were unable to put forward any case in rebuttal. Applications to stay proceedings as an abuse of process had failed. Were such proceedings … Continue reading Regina v Moore, Kerr, Haroon: CACD 5 Oct 2001

Acts

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