Citations: [2003] EWHC 1182 (Admin) Links: Bailii Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 07 June 2022; Ref: scu.185343
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
Change in Doctors’ Information Obligations The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a vaginal birth was preferable and did not given advice … Continue reading Montgomery v Lanarkshire Health Board: SC 11 Mar 2015
the interpretation of section 73(2) (and section 42(2)) may depend, in part at least, on what is meant by ‘discharge’. Held: Mann J said that it meant ‘discharge from hospital’, so that a condition could not be imposed that the patient reside in another hospital, even if not under conditions of detention. Mann J [1986] … Continue reading Secretary of State for the Home Department v Mental Health Review Tribunal for Mersey Regional Health Authority: Admn 1986
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The court considered and rejected the possibility of the First Tier Tribunal making orders under the 2005 Act which would have the effect of depriving a patient of his liberty. The respondent, now aged 73, suffered a persistent delusional condition and was a ‘restricted patient’. Maurice Kay LJ VP, Arden, Moses LJJ [2011] EWCA Civ … Continue reading The Secretary of State for Justice v RB and Another: CA 20 Dec 2011
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights. Held: The test for allowing proceedings was set at a low level, and even if section 139 does have any effect on the Applicant’s rights under Article 6 read together with … Continue reading TW v London Borough of Enfield and Another: QBD 8 May 2013
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 . .
