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
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
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
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
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
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
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
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
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 court considered an application to lift the doctor’s suspension. Held: Though a charge of money-laundering was not sufficient to justify suspension, the court also noted that no risk to members of the public had been identified from Dr Sosanya continuing in practice. In considering the view taken by the IPO, ‘deference must not be … Continue reading Regina (On the Application of Sosanya) v General Medical Council: Admn 2009
Citations: [2006] EWHC 570 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(6) Jurisdiction: England and Wales Health Professions Updated: 04 May 2022; Ref: scu.240061
The Honourable Mr Justice Dove [2021] EWHC 3286 (Admin) Bailii, Judiciary Medical Act 1983 41A(10) England and Wales Health Professions Updated: 06 January 2022; Ref: scu.670396
Application to terminate an interim order of suspension made by the Interim Orders Panel of the Medical Practitioners Tribunal Service. Lang J [2015] EWHC 847 (Admin) Bailii Medical Act 1983 41A England and Wales Health Professions Updated: 29 December 2021; Ref: scu.545008
Dr Adu challenged determinations made by a Fitness to Practise Panel of the Medical Practitioners Tribunal Service of the General Medical Council under s 35D of the 1983 Act. The FTPP, having heard evidence and submissions found that Dr Adu’s fitness to practise was impaired by reason of deficient professional performance and that, in consequence, … Continue reading Adu v General Medical Council: Admn 20 Jun 2014
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The Council sought an order extending an interim order imposing conditions on the respondent’s practise. Pelling QC [2013] EWHC 3425 (Admin) Bailii Medical Act 1983 41A Health Professions Updated: 25 November 2021; Ref: scu.517498
The doctor sought to challenge the extension of his suspension from practice. Held: It was inappropriate in such an application to challenge the findings of fact which had led to the initial suspension. If he wished to do that, he should seek judicial review of that decision. Arden LJ said: ‘the powers conferred by s.41A(10) … Continue reading General Medical Council (GMC) v Hiew: CA 30 Apr 2007
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing retraining, and said that the interim suspension would make it impossible to continue. Held: The appeal … Continue reading Bradshaw v General Medical Council: Admn 4 Jun 2010
Nicol J considered the court’s jurisdiction under section 41A(10) and said: ‘Both parties agreed that the role of the Court was not confined to exercising a judicial review type jurisdiction. In other words, the power to terminate Dr Sandler’s . .
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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
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
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
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
The defendant’s appeal against murder had succeeded, and a conviction for manslaughter substituted. The court now asked what should be his sentence. Held: The medical evidence showed that he suffered a mental illness and it is of a nature and degree making it appropriate that he be detained in hospital. The Court made a section … Continue reading Regina v Weekes: CACD 4 May 1999
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
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
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
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
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
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
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
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
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in hospital of a patient because of the absence of such proper provision was … Continue reading Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 2001
(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998
A losing candidate at a local election alleged corrupt and illegal practices relating to the entry of non-existent people on the electoral roll and using postal votes. The Election Commissioner found this proved and the election void, and awarded costs against him. He was unable to meet the sum awarded and became bankrupt. The candidate … Continue reading The Conservative and Unionist Party v The Election Commissioner: CA 23 Nov 2010
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
Even where there is culpability, a hospital order with a restriction order may well be the appropriate way to deal with a dangerous and disordered person.Mustill LJ discussed the effect of a restriction order: ‘In marked contrast with the regime under an ordinary hospital order, is an order coupled with a restriction on discharge pursuant … Continue reading Regina v Birch: CACD 1989
When a court wanted to consider making a restriction order under the Act, it could not do so without some medical evidence which could be used to justify such a restriction. Here it was accepted that the defendant did suffer from a mental disorder induced or exacerbated by the overuse of cannabis, and in appropriate … Continue reading Regina v Reynolds: CACD 1 Nov 2000
‘This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a ‘hybrid order’ under section 45A of the Mental Health Act 1983 (‘MHA’) combining imprisonment with a hospital direction and limitation direction on the one hand, and a ‘hospital and restriction order’ under section 37 MHA with section 41 … Continue reading Nelson v Regina: CACD 2 Dec 2020
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
Lack of Patient Safeguards was Infringement The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further pending suitable arrangements being made for … Continue reading HL v United Kingdom: ECHR 2004
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Court considered the meaning of ‘discharge’ from a mental health hospital. Elias J held that it meant ‘discharge from detention in hospital’, so that there could be a discharge on condition of residence in another hospital: but he also held that the crucial question was whether the conditions amounted to detention, which was not … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Mental Health Review Tribunal: Admn 20 May 2002
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with an order as he left the prison. The court had said that there was … Continue reading TF, Regina (on the Application of) v Secretary of State for Justice: CA 18 Dec 2008
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section 2(1)(b). Held: The civil standard of proof is flexible and … Continue reading B v Chief Constable of Avon and Somerset Constabulary: QBD 5 Apr 2000
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had happened. She saw and comforted her injured husband … Continue reading McLoughlin v O’Brian: HL 6 May 1982
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Choice of mental Health Sentencing Options On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting imprisonment for life with a limitation restriction under … Continue reading Lall, Regina v: CACD 19 Mar 2021
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers. Held: the respondent sought to rely upon what was no more than a slip of … Continue reading Davidson v Scottish Ministers: HL 15 Dec 2005
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of. Held: The application for summary judgment succeeded. The words related to the claimant’s profession and integrity. In the context of business libels, … Continue reading Thornton v Telegraph Media Group Ltd: QBD 16 Jun 2010
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
The psychiatrist had been engaged by W’s solicitors to examine him and prepare a report to go to the Tribunal hearing an application for the transfer or conditional discharge of W from a secure unit. His report was damning. W withdrew the . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The Times newspaper published a report of the criminal trial in Switzerland of a British subject. When sued in defamation they sought to rely upon the defence of fair reporting of judicial proceedings.
Held: A blanket protection for reporting . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: [1983] 1 AC 410, [1982] 2 All ER 298, [1982] UKHL 3, [1982] 2 WLR 982 Links: Bailii Coram: Lord Wilberforce, Lord Bridge, Lord Scarman Ratio: The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at … Continue reading McLoughlin v OBrian: HL 6 May 1982
