Search Results for: Mental Health Act 1983 2 3

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Chief Constable of Essex Police (Police and Criminal Justice): ICO 18 Nov 2021

The complainant requested information from the Chief Constable of Essex Police (‘Essex Police’) relating to employees training on mental health and Essex Police’s powers under the Mental Health Act 1983 (MHA). By the date of this notice Essex Police had not issued a substantive response to this request. The Commissioner’s decision is that Essex Police … Continue reading Chief Constable of Essex Police (Police and Criminal Justice): ICO 18 Nov 2021

X v Secretary of State for the Home Department: CA 7 Dec 2000

The court considered 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. Citations: [2000] EWCA Civ 3026 Links: Bailii Statutes: Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998 Jurisdiction: England and Wales Immigration, Health, Human Rights Updated: 09 … Continue reading X v Secretary of State for the Home Department: CA 7 Dec 2000

Pitt and Another v Holt and Another: ChD 18 Jan 2010

The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation. Held: For the rule … Continue reading Pitt and Another v Holt and Another: ChD 18 Jan 2010

North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

R, Regina v: CACD 9 Oct 2000

Appeals against the imposition of a restriction order under section 41 of the Mental Health Act 1983 imposed in conjunction with a section 37 order under the same Act Citations: [2000] EWCA Crim 3539 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.331143

F, Regina (on the Application Of) v Oxfordshire Mental Healthcare NHS Trust and Another: Admn 2 Jul 2001

‘The claimant is a restricted patient presently detained in Broadmoor Special Hospital under the provisions of the Mental Health Act 1983 (the 1983 Act). She challenges the refusal of the defendants to fund the costs of a placement for her at the Edenfield Centre Medium Secure Unit in Manchester (Manchester). ‘ Citations: [2001] EWHC Admin … Continue reading F, Regina (on the Application Of) v Oxfordshire Mental Healthcare NHS Trust and Another: Admn 2 Jul 2001

Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

The defendant appealed the decision of the district judge when adjourning his case for a second psychiatric report with a view to hispossible committal to hospital, saying that this would deprive him of his right to a trial. Held: In cases alleged insanity either at the time of the offence or at trial, the magistrates … Continue reading Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

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

Chadwick v Collinson and Others: ChD 24 Sep 2014

The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014

MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

Westwood, Regina v: CACD 6 May 2020

After conviction of manslaughter with diminished responsibility, the defendant now argued that the imposition of an extended sentence of imprisonment with a hospital direction under section 45A was wrong in principle, contrary, as it was, to the unanimous view of the psychiatrists involved in his case that the appropriate sentence was a hospital order under … Continue reading Westwood, Regina v: CACD 6 May 2020

Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Anorther: CA 30 Jul 1998

A person who is liable to be detained in a hospital by virtue of an application or order under that Act may either be actually detained or given leave of absence. While on leave of absence it may well be that the patient’s disorder is not such that he needs to be detained in hospital. … Continue reading Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Anorther: CA 30 Jul 1998

Regina on the Application of A l v Secretary of State for the Home Department: CA 20 Jan 2005

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

Sessay, Regina (on The Application of) v South London and Maudsley Nhs Foundation Trust and Another: QBD 13 Oct 2011

The issue that arises in this case concerns non-compliant incapacitated patients, that is those who are not willing to be admitted and do not have the capacity to consent to admission, to psychiatric hospitals pending the making of an application for their compulsory admission to hospital for assessment under section 2 Mental Health Act 1983 … Continue reading Sessay, Regina (on The Application of) v South London and Maudsley Nhs Foundation Trust and Another: QBD 13 Oct 2011

Regina v Good: CACD 4 Jul 2002

Appeal against the imposition of the restriction order Judges: Mr Justice Nelson Citations: [2002] EWCA Crim 1698 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 November 2022; Ref: scu.175256

Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006

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

Regina v Riverside Mental Health Trust ex parte Huzzey: QBD 18 May 1998

Managers considering an application by relatives for discharge of patient were not bound by the doctor’s report, but could go outside the criteria set out in the section to see whether it was safe to release the patient. Citations: Times 18-May-1998 Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 18 November … Continue reading Regina v Riverside Mental Health Trust ex parte Huzzey: QBD 18 May 1998

B and B v A County Council: CA 21 Nov 2006

The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006

Taylor, Regina (on the Application of) v Haydn-Smith and Another: Admn 27 May 2005

Whether a detained mental patient could be obliged to receive treatment in the form of antipsychotic medication without his consent. Judges: Collins J Citations: [2005] EWHC 1668 (Admin) Links: Bailii Statutes: Mental Health Act 1983 63 58(1) Jurisdiction: England and Wales Citing: Cited – Regina (B) v Haddock Admn 20-May-2005 Judicial review of continued detention … Continue reading Taylor, Regina (on the Application of) v Haydn-Smith and Another: Admn 27 May 2005

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

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

P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003

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

Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012

The widow and personal representative of the chargor challenged the enforcement proceedings taken by the bank under a guarantee. The chargor had begun to suffer Alzheimers disease. She now sought leave toappeal saying that to enforce the guarantee, the bank should have applied to appointed receivers under the 1983 Act. Held: Leave to appeal was … Continue reading Calvert v Clydesdale Bank Plc and Others: CA 27 Jun 2012

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

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

Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) and others: CA 11 Mar 2005

The defendant firm of solicitors, acting as executors had sought to arrange matters to minimise Inheritance Tax. A deed of variation was put in place after approval by the court, but the CTO interpreted the deed differently. The executors believed the interpretation to be wrong and sought advantage from that interpretation on counsel’s advice. Negligence … Continue reading Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) and others: CA 11 Mar 2005

B v Croydon Health Authority: CA 30 Nov 1994

The feeding by tube of a mental patient who was unable and unwilling to consent can remain treatment, and within the decision of the doctors. In the context of whether the force-feeding an anorexic was authorised by section 63, the Court of Appeal held that treatment falling within the definition in section 145(1) was ‘treatment … Continue reading B v Croydon Health Authority: CA 30 Nov 1994

Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994

A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994

Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity. Judges: Lloyd LJ Citations: Ind Summary 12-Apr-1993, [1993] FLR 187 Statutes: Mental Health Act 1983 131 Jurisdiction: … Continue reading Regina v Kirklees Borough Council ex parte C (A Minor): CA 12 Apr 1993

Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: CA 2 Mar 1994

It was not unlawful for a patient to be detained for treatment, even though he was untreatable, and unwilling to be treated. A Mental Health tribunal appeal was to be allowed where patient was re-admitted. Citations: Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 02-Mar-1994 Statutes: Mental Health Act 1983 72(1)(b) Jurisdiction: England and Wales Citing: Appeal from … Continue reading Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: CA 2 Mar 1994

Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002

The owners of private mental hospital sought to change the character of one of its wards. A patient sought leave to challenge that change by judicial review, arguing that the hospital served a public function. Held: Although the contracting out of the Heath Authority’s functions might not always transfer its public obligations, such obligations might … Continue reading Regina (A) v Partnerships in Care Ltd: QBD 11 Apr 2002

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre: CA 12 Mar 2003

The applicant, detained under the section by the respondent, appealed refusal of a judicial review and a writ of habeas corpus. He had applied for a review of his detention. The review had been heard by a panel of three. Two judged in his favour. Held: The Act required a minimum of three votes in … Continue reading Regina on the Application of Tagoe-Thompson v the Hospital Managers of the Park Royal Centre: CA 12 Mar 2003

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 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

P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so in the future. Citations: [2002] EWCA Civ 697 Links: Bailii Jurisdiction: England and Wales Cited … Continue reading P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions: CA 16 Apr 2002

Vowles and Others, Regina v: CACD 5 Feb 2015

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

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011

The appellant had been detained under the 1983 Act. Her appeal had been declined as out of time, and she now appealed against rejection of her request for judicial review. Held: The appeal failed, even though the application to the tribunal should have been treated by it as in time, and the claim against the … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: CA 23 Nov 2011

Sunderland City Council, Regina (on The Application of) v South Tyneside Council: Admn 15 Jul 2011

The court was asked whether either, and if so which, of two local authorities have the duty under section 117 of the 1983 Act to provide after-care services on the release of SF aged 23 from compulsory detention for treatment under that Act. The applicant challenged a position statement of South Tyneside Council, suggesting that … Continue reading Sunderland City Council, Regina (on The Application of) v South Tyneside Council: Admn 15 Jul 2011

Regina (B) v Haddock: Admn 20 May 2005

Judicial review of continued detention of claimant under hospital order Judges: Collins J Citations: [2005] EWHC 921 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – Taylor, Regina (on the Application of) v Haydn-Smith and Another Admn 27-May-2005 Whether a detained mental patient could be obliged … Continue reading Regina (B) v Haddock: Admn 20 May 2005

St George’s Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S: CA 8 May 1998

The authority wanted S to be admitted to hospital, if necessary against her will. She was pregnant and wanted to have a natural birth, even at great risk to herself and her baby. She had refused medical treatment for eclampsia. The caesarian had by now been carried out against her will under court order. Held: … Continue reading St George’s Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S: CA 8 May 1998

Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002

C and Another v Birmingham and Solihull Mental Health NHS Trust and Another: CA 8 May 2013

The court was asked ‘whether a patient detained under the Mental Health Act 1983 may challenge a decision by the First-tier Tribunal to refuse to make an extra-statutory recommendation as to his future care or treatment.’ Judges: Laws, Rimer, Beatson LJJ Citations: [2013] EWCA Civ 701, [2013] AACR 1 Links: Bailii Statutes: Mental Health Act … Continue reading C and Another v Birmingham and Solihull Mental Health NHS Trust and Another: CA 8 May 2013

SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015

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

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

The claimant sought judicial review of her detention under section 2 of the 1983 Act. Held: The request was rejected. The tribunal had been correct to treat the original application as out of time. The Secretary of State’s decision was neither unreasonable nor in breach of her rights under the Convention, and an isolated failure … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health and Others: Admn 3 Mar 2011

Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002

The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002

Hertfordshire County Council, Regina (on The Application of) v JM: CA 15 Feb 2011

The court was asked which local authority had responsibility to provide support to a patient on his discharge after a period of detention under section 3 of the 1983 Act. Judges: Carnwath, Rimer, Sullivan LJJ Citations: [2011] EWCA Civ 77, [2011] BLGR 536, [2011] MHLR 76, [2011] Med LR 181, [2011] PTSR 1623, (2011) 119 … Continue reading Hertfordshire County Council, Regina (on The Application of) v JM: CA 15 Feb 2011

Cleland v Regina: CACD 16 Jul 2020

Referral by the Criminal Cases Review Commission – conviction on plea of attempted murder. Leave is sought to admit fresh evidence that at the time of the offence the appellant suffered Autism Spectrum Disorder (‘ASD’). On the basis of that evidence it is submitted that the appropriate sentence was, and is, a hospital order pursuant … Continue reading Cleland v Regina: CACD 16 Jul 2020

AH v West London MHT: UTAA 29 Jul 2010

Prisoner in secure hospital – application for public hearig of request for discharge – refused Citations: [2010] UKUT 264 (AAC) Links: Bailii Statutes: Mental Health Act 1983, European Convention on Human Rights Jurisdiction: England and Wales Cited by: See Also – AH v West London MHT (J) UTAA 17-Feb-2011 Order for public hearing of detention … Continue reading AH v West London MHT: UTAA 29 Jul 2010

W v Doncaster Metropolitan Borough Council: CA 6 May 2004

The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention. Held: The conditions were inextricably linked to the release, and though there was a … Continue reading W v Doncaster Metropolitan Borough Council: CA 6 May 2004

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

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

Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another: Admn 15 Jun 2010

The claimant had been discharged from inpatient treatment under the 1983 Act, and now sought to oblige the respondent local authorities to provide the assistance he needed. Judges: Hickinbottom J Citations: [2010] EWHC 1462 (Admin), (2010) 13 CCL Rep 454, [2010] BLGR 868, [2010] ACD 86, [2011] PTSR 965 Links: Bailii Statutes: Mental Health Act … Continue reading Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another: Admn 15 Jun 2010

TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The admission had been made despite the claimant’s brother having notified the … Continue reading TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

The patient had been released on licence from prison. He later refused treatment for mental illness and was detained under the 1983 Act, though still on licence. His probation obtained the revocation of his licence, and he was recalled. He did not know of the revocation of his licence, but absconded from the hospital and … Continue reading Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

RD and PM, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2010

The applicants challenged the difference in the treatment for benefits after release from imprisonment of those transferred to a mental hospital after conviction (particularly post-tarriff lifers) and those detained after arrest but before trial. The changes were introduced by the 2005 Regulations. Held: The distinction real, but was justified. The question was not where the … Continue reading RD and PM, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 27 Jan 2010

RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 Act’] are entitled to Income Support whilst in such a hospital. It is common … Continue reading RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

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

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Johnston v Chief Constable of Merseyside Police: QBD 20 Nov 2009

The proposed claimant sought leave under the 1983 Act to bring an action for assault and false imprisonment, and further a disapplication of the limitation period to allow a claim out of time. The defendant said that the proposed claimant had been found in a public place and had been to appear to be suffering … Continue reading Johnston v Chief Constable of Merseyside Police: QBD 20 Nov 2009

B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others: Admn 8 Sep 2005

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

Broadmoor Hospital Authority v Robinson: QBD 12 Oct 1998

A secure hospital’s right to prevent a package or letter being sent out by a patient did not extend to allowing a restriction on publication or recovery of a book manuscript once it had already left the hospital. Judges: Poole J Citations: Times 15-Oct-1998 Statutes: Mental Health Act 1983 134 Jurisdiction: England and Wales Citing: … Continue reading Broadmoor Hospital Authority v Robinson: QBD 12 Oct 1998

Yeong v General Medical Council: Admn 28 Jul 2009

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