Application for renewal of temporary suspension of doctor. Citations: [2007] EWHC 1031 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(7) Jurisdiction: England and Wales Health Professions Updated: 09 December 2022; Ref: scu.252392
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
Claimants’ CPR Part 8 claim for a declaration (and associated injunctive relief) that the Defendant has no power to investigate the First Claimant pursuant to the Medical Act 1983 (‘the 1983 Act’), in circumstances in which the First Claimant, who is both a registered medical practitioner and a solicitor, was acting in his capacity as … Continue reading Ogunsanya and Another v General Medical Council: QBD 11 Jun 2020
Citations: [2007] EWHC 2972 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Cited by: See also – Shiekh v The General Dental Council Admn 16-Jan-2009 The dentist had been accused of participating in a fraud involving making false claims for travel expenses. Held: The allegation was insufficient to justify suspension of … Continue reading Shiekh, Regina (On the Application of) v General Dental Council: Admn 9 Nov 2007
Application to extend doctor’s interim suspension order. Citations: [2007] EWHC 1930 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(6) Jurisdiction: England and Wales Health Professions Updated: 05 December 2022; Ref: scu.258797
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
Judges: Crane J Citations: [2006] EWHC 3025 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Cited by: See Also – Sheill v The General Medical Council Admn 4-Dec-2008 . .Cited – Bradshaw v General Medical Council Admn 4-Jun-2010 The doctor sought to end an order temporarily suspending his registration. He had … Continue reading General Medical Council v Sheill: Admn 30 Nov 2006
PC (The Professional Conduct Committee of the GMC) The doctor appealed a finding of serious professional misconduct. He sought to practice in a controversial field, the ‘andropause’. He accepted patients through his web-site, and gave advice. A patient was also being treated by another GP, who disagreed with the diagnosis. Complaint was made that he … Continue reading Dr Carruthers v The General Medical Council: PC 3 Jun 2003
The claimant complained of his recall to hospital. He had in 1991 been foundf not guilty of murder by reason of his insanity, and had been detained in a secure hospital, but then released conditionally. He said the recall on medical grounds was improper where the condition now complained of was not that under which … Continue reading Regina on the Application of A l v Secretary of State for the Home Department: CA 20 Jan 2005
Appeal from order for erasure of name from register Judges: Mr Justice Julian Knowles Citations: [2021] EWHC 877 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 20 November 2022; Ref: scu.661945
Challenge to suspension decision. Judges: Davis J Citations: [2008] EWHC 998 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 19 November 2022; Ref: scu.267577
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
The doctor sought the temination of his conditional registration as a medical practitioner. Judges: Andrew Gilbart QC Citations: [2013] EWHC 860 (Admin) Links: Bailii Statutes: Medical Act 1983 Citing: Applied – General Medical Council (GMC) v Hiew CA 30-Apr-2007 The doctor sought to challenge the extension of his suspension from practice. Held: It was inappropriate … Continue reading Dr EY v General Medical Council: Admn 15 Apr 2013
The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months. Held: The Panel had applied the correct test. Judges: Wyn Williams J Citations: [2013] EWHC 696 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 21 Citing: … Continue reading Harford v The Nursing and Midwifery Council: Admn 10 Apr 2013
The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green. Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 … Continue reading Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004
Persons detained under Mental Health Acts could be subject to random non-consensual searches even if this went against medical opinion. The power to seclude a patient within the hospital is implied from the power to detain as a ‘necessary ingredient flowing from a power of detention for treatment.’ Judges: Auld LJ Citations: Gazette 26-Feb-1998, Times … Continue reading Regina v Broadmoor Special Hospital Authority and Secretary of State for Department of Health ex parte S, H and D (2): CA 5 Feb 1998
Women had taken extended maternity leave, but having followed the procedures, had been unable for illness to return to work on the day they had notified. The employer then asserted that the claimants had resigned. The EAT had confirm that they had not been unfairly dismissed. Held: The legislation provided ‘special protection for the security … Continue reading Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited: CA 20 Jan 1998
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
The taxpayer disposed of his farmhouse, and sought exemption from Capital Gains Tax under sections 101 and 102 of the 1989 Act. The Revenue said it had not been his only or main residence. Contracts had been exchanged for its purchase in 1983, but the transaction was completed only two years later. In the interim … Continue reading Longson v HM Inspector of Taxes: CA 13 Mar 2001
Judges: Mr Justice Fordham Citations: [2022] EWHC 2743 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 12 November 2022; Ref: scu.682331
Application by the General Medical Council for an order pursuant to section 41(a)(6) and (7) of the 1983 Act for an order extending an interim order of suspension by five months. Judges: Hickinbottom J Citations: [2012] EWHC 2078 (Admin) Links: Bailii Statutes: Medical Act 1983 41 Health Professions Updated: 04 November 2022; Ref: scu.463355
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982
PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the findings in Australia. After his initial suspension new procedures came in, and an interim order was made imposing … Continue reading Dr Marinovich v The General Medical Council: PC 24 Jun 2002
PC (The Professional Conduct Committee of the GMC) The appellant had applied to the Committee to be restored to the medical register. He was not represented. The committee had required him at the same time, to present his application, and also to make representations as to why he should not be prevented from making further … Continue reading Dr Adil Mahmud Raji v The General Medical Council: PC 19 Mar 2003
Appeal under section 40 of the Medical Act 1983 from a decision of a fitness to practice panel (FPP) of the Medical Practitioners Tribunal Service (MPTS) to impose a sanction of erasure from the medical register of the appellant. Judges: Mrs Justice Patterson Citations: [2014] EWHC 1664 (Admin) Links: Bailii Jurisdiction: England and Wales Health … Continue reading Fernando v General Medical Council: Admn 21 May 2014
X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014
Judges: The Honourable Mr Justice Julian Knowles Citations: [2019] EWHC 2625 (Admin) Links: Bailii Statutes: Medical Act 1983 2 Jurisdiction: England and Wales Health Professions Updated: 15 October 2022; Ref: scu.642711
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
Child born after vasectomy – Damages Limited Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim. Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it … Continue reading MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999
Judges: Girvan LJ Citations: [2011] NIQB 133 Links: Bailii Statutes: Medical Act 1983 Northern Ireland, Health Professions Updated: 05 October 2022; Ref: scu.451649
Judges: Nicola Davies J DBE Citations: [2010] EWHC 2558 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(10) Jurisdiction: England and Wales Cited by: See Also – Jooste v General Medical Council and Others EAT 4-Jul-2012 EAT RACE DISCRIMINATION – IndirectPRACTICE AND PROCEDUREAppellate jurisdiction/reasons/Burns-BarkeCostsThe Employment Judge correctly struck out the Claimant’s claims as having no . … Continue reading Jooste v General Medical Council: Admn 19 Oct 2010
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
The court considered issues arising from the sentencing of mentally ill offenders to indeterminate terms of imprisonment.As to the release provisions relating to those subject to an order under ss 37/41 and those made subject to a s 45A order, Hallett LJ said: ‘A level of misunderstanding of the guidance offered in Vowles appears to … Continue reading Edwards, Regina v: CACD 27 Mar 2018
The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the possibility of a hospital order, and ‘a major effect of the decision of a judge to impose an indeterminate … Continue reading Vowles and Others, Regina v: CACD 5 Feb 2015
Appeal against sentence for making hoax bomb calls. A hospital order had been made under section 31, and she now appealed against the section 41 restriction order. Held: The hospital, in reality, is operating as a form of prison, because she is not making medical headway there, but it is not a particularly effective prison … Continue reading Regina v HP (Aka C): CACD 26 May 2010
Judges: Graham Wood QC Citations: [2013] EWHC 525 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Health Professions Updated: 13 September 2022; Ref: scu.471756
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
Doctor’s appeal against suspension from registration. Judges: Lloyd Jones J Citations: [2011] EWHC 782 (Admin) Links: Bailii Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 04 September 2022; Ref: scu.431594
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
Judges: Lloyd Jones J Citations: [2011] EWHC 327 (Admin) Links: Bailii Statutes: Medical Act 1983 40 30D(2) Health Professions Updated: 03 September 2022; Ref: scu.430084
PC (The Committee on Professional Performance of the GMC) A complaint had been made against the doctor with regard to certain areas of his practice. The committee had ordered him to undergo assessments also of other areas of his practice. Held: Krippendorf should not be read to restrict the Committee to ordering assessments only in … Continue reading Dr Qureshi v The General Medical Council: PC 14 Jul 2003
(General Medical Council) The appellant appealed a finding of serious professional misconduct and his suspension from the medical register for twelve months. Over a nine day period despite prompts from the son, a daughter and two other health care professionals, the appellant failed to ensure that the patient received suitable or prompt medical attention. The … Continue reading Dr Silver v The General Medical Council: PC 14 Apr 2003
Judges: The Honourable Sir Michael Turner Citations: [2004] EWHC 1372 (QB) Links: Bailii Statutes: Civil Liability Act 1978 Jurisdiction: England and Wales Citing: Cited – Morris v West Hartlepool Steam Navigation HL 1956 The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around … Continue reading AB and others v British Coal Corporation and Coal Mining Contractor Defendants: QBD 22 Jun 2004
The doctor appealed findings of unprofessional misconduct in respect of three patients. Held: The court could identify no error of law in the findings, and the committee had evidence before them to support the findings they had made. Judges: The Honourable Mr Justice Wall Citations: [2003] EWHC 2342 (Admin) Links: Bailii Statutes: Medical Act 1983 … Continue reading Biswas v General Medical Council: Admn 16 Oct 2003
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient. Held: The reasons given were adequate, and the response of erasure from the register was the only one appropriate in the circumstances. The appeal failed. Judges: Burnett J Citations: [2008] EWHC 2830 (Admin) … Continue reading Mubarak v General Medical Council: Admn 20 Nov 2008
Appeal against findings of serious professional misconduct. Judges: Foskett J Citations: [2008] EWHC 1025 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 22 August 2022; Ref: scu.267580
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act. Held: A judge of the Crown Court is obliged under the section to make a mandatory order containing restrictions on the liberty of the accused person … Continue reading Regina v Grant: CACD 22 Nov 2001
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Citations: [2003] EWHC 3200 (Admin) Links: Bailii Statutes: Medical Act 1983 40(1)(aa) Jurisdiction: England and Wales Health Professions Updated: 03 August 2022; Ref: scu.191224
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard of proof in English law. He proceeded on the basis of the ‘convincingly shown’ standard, … Continue reading B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others: Admn 8 Sep 2005
The doctor complained of his suspension under fitness for practice rules. He had been found to have had a sexual relationship with a patient. He said that he should have been given opportunity to address the fault through remedial action. Held: Remedial assistance may be of assistance on matters such as clinical errors of lack … Continue reading Yeong v General Medical Council: Admn 28 Jul 2009
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005
The appellant consultant anaesthetist appealed against the decision of the respondent’s Fitness to Practice Panel to impose conditions on his registration. Held: The appeal succeeded: ‘Any approach to the issue of whether a doctor’s fitness to practice should be regarded as ‘impaired’ must take account of ‘the need to protect the individual patient, and the … Continue reading Cohen v General Medical Council: Admn 19 Mar 2008
The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital’s policy. Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of Practice, was unlawful and was not justified … Continue reading Regina v Ashworth Special Hospital Trust, ex parte Munjaz: 10 Oct 2000
The court considered issues arising on the making of hospital orders by criminal courts: ‘ the intention of the section is that someone made the subject of a hospital order should take up a place at a hospital or other unit specified in the court order within 28 days of the order. The broad issue … Continue reading X v An NHS Trust: Admn 7 May 2008
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008
The claimant said that the defendant hospital had been negligent in failing to prevent her daughter escaping from the mental hospital at which she was detained and committing suicide. Held: The status of a detained mental patient was more akin to that of a prisoner than of a patient because of the control exercised and … Continue reading Savage v South Essex Partnership NHS Foundation Trust and Another: CA 21 Dec 2007
Citations: [2007] EWHC 2918 (Admin) Links: Bailii Statutes: Medical Act 1983 Health Professions Updated: 12 July 2022; Ref: scu.261930
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. Judges: Chadwick, Las LJJ, Sir Peter Gibson Citations: [2007] EWCA Civ 46 Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Citing: Cited – Gupta v The General Medical Council PC 18-Dec-2001 (The Health Committee … Continue reading Fatnani and Another v General Medical Council: CA 15 Jan 2007
(The Health Committee of the GMC) The GMC had decided that the registration of the appellant in the register of medical practitioners should remain suspended indefinitely as her fitness to practise had been found to be seriously impaired. She appealed. Held: The Act limited the jurisdiction of the Council under the Act to appeals on … Continue reading Dr Stefan v The General Medical Council (The Health Committee of the GMC) (No 2): PC 6 Mar 2002
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city. Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. … Continue reading Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder. Held: The evidence though mistaken was given in good faith and the penalty was disproportionate and was set aside. The evidence which had … Continue reading Meadow v General Medical Council: Admn 17 Feb 2006
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005
Appeal against order displacing applicant as best friend of mental health patient. Citations: [2005] EWCA Civ 587 Links: Bailii Statutes: Mental Health Act 1983 829 Jurisdiction: England and Wales Cited by: Cited – MH v Secretary of State for the Department of Health and others HL 20-Oct-2005 The appellant, detained for assessment under section 2, … Continue reading Lewis v Gibson and Another: CA 19 May 2005
The claimant was a mental patient detained for a bipolar dis-order after convictions for rape. Judges: Silber J Citations: [2005] EWHC 86 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a … Continue reading B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005
(The Health Committee of the GMC) The doctor appealed an order extending his suspension from the medical register for a further period of twelve months. They considered that because of his continuing alcohol problems, he was not fit to practice. He had not complied with requests to be medically examined. When he later co-operated, he … Continue reading Dr Anjaneyulu v The General Medical Council (Appeal No 49 of 2001): PC 19 Dec 2001
The appellant doctor had practised in plastic and related surgery, particularly liposuction. The complaints against him related to a failure to supervise his staff, wrongful delegation, and lack of care. His name had been erased from the register, rather than suspended. He appealed. Held: The jurisdiction of the Council is appellate rather than supervisory. The … Continue reading Dr Norton v The General Medical Council: PC 11 Feb 2002
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Application in relation to AB who is a young woman of 34 years old and who has a serious and life threatening cardiac condition, the recommended treatment for which is surgery. In addition to her physical problems, AB was an inpatient at a low secure private hospital under section 3 Mental Health Act 1983 (MHA). … Continue reading A Local Health Board v AB: CoP 30 Apr 2015
The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association. Held: Appeal denied. Care had to be taken against abuse, but that where a number of unidentified persons were causing injury and damage by … Continue reading M. Michaels (Furriers) Limited v Askew and Others: CA 25 Jun 1983
Until 1919 Mr. Levene had been both resident and ordinarily resident in the UK. Then, for five years he spent about five months (mainly in the summer) each year, staying in hotels in the UK and receiving medical attention or pursuing religious and social activities. He spent the remaining months staying in hotels abroad. The … Continue reading Levene v Inland Revenue Commissioners: HL 1928
The taxpayer was a barrister. To comply with Bar guidance on court dress, she wore, in court and in and to and from chambers black dresses, suits and shoes and white blouses. The clothing were perfectly ordinary articles suitable for everyday wear. But for her professional requirements she would have not purchased those clothes. She … Continue reading Mallalieu v Drummond: HL 27 Jul 1983
The medical member of the review tribunal to which the appellant had applied for his discharge from detention under section 3 of the Mental Health Act 1983 who was a consultant psychiatrist was not disqualified from considering the appellant’s case because he was employed by the Mersey Care National Health Service Trust: ‘We consider that … Continue reading Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004
The husband and wife had signed a bank mandate allowing the bank to act upon the authorisation of either of them. The wife complained that the bank should not be able to recover from her any sums expended by the husband. Held: The mandate extended to all borrowings on the joint account and without limit. … Continue reading Sandra Estelle Fielding v The Royal Bank of Scotland Plc: CA 11 Feb 2004
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he … Continue reading Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003
Where a doctor sought to have lifted an extension to his suspension, the court should start from the position that the suspension was currently in place before deciding whether it needed altering. However, ‘The terms of subsection 10 indicate that the appeal to the Court is a full appeal, that is to say, the Court … Continue reading Walker, Regina (on the Application of) v General Medical Council: Admn 15 Aug 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health authority, and discontinued a claim for damages for negligence against the doctors, and a … Continue reading Powell v United Kingdom: ECHR 4 May 2000
B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder. Held: At all times, B was classified as suffering from a mental illness, and the tribunal had not said his condition was … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003
The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002
Appeal from striking off of doctor. Judges: Lord Nicholls of Birkenhead, Lord Millett, Sir Paul Kennedy Citations: [2000] UKPC 15, Appeal No 64 of 1999 Links: Bailii, PC, PC Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 06 June 2022; Ref: scu.174652
The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act. Held: The defendant had made no decision (other than not to prosecute) and there … Continue reading Rusbridger and Another v Attorney General: CA 20 Mar 2002
The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient’s mother as her nearest relative. However, the patient’s mother was not ordinarily resident in the UK, and, according to the statutory definition of ‘nearest relative’, the AMHP ought to have consulted the patient’s … Continue reading Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD. Held: Where a mental patient sought to challenge by judicial review the imposition of treatment without his consent, it was open to the … Continue reading Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001
(Professional Conduct Committee of the GMC) The doctor appealed a decision of the Council removing his name from the register. He was criticised in four cases of not attending patients at home. The question was whether removal was the appropriate remedy. In this case removal was inappropriate. Held: The council had failed to take account … Continue reading Dr Hossain v The General Medical Council: PC 2 Oct 2001
Mrs F had given an enduring power to her son, but then became incapable and the power was registered. Her daughter had in the meantime applied to be appointed as her receiver. There was particular bitterness between the brother and sister. F called in the Lord Chancellor’s medical visitor and asked that her children settle … Continue reading In re F (Enduring power of Attorney): ChD 2 Apr 2004
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article 3 and 8 rights. One of his complaints was as to interference with his correspondence. Held: … Continue reading Herczegfalvy v Austria: ECHR 24 Sep 1992
Citations: Appeal No 50 of 1998, [1999] UKPC 5 Links: Bailii, PC, PC, PC Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 04 June 2022; Ref: scu.163161
Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the chairman announced his decision. Held: This infringed the right under article 8 of the doctor to a fair … Continue reading Nwabueze v General Medical Council: PC 6 Apr 2000
