Click the case name for better results:

M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

‘ This case concerns which local authority is responsible for meeting the accommodation costs of an individual detained under section 3 of the Mental Health Act 1983 who is then discharged back into the community.’ Judges: Mitting J Citations: [2010] EWHC 562 (Admin), (2010) 13 CCL Rep 217, [2010] BLGR 678, (2010) 116 BMLR 46, … Continue reading M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

Patel and others v London Borough of Brent: CA 25 May 2005

Application for return of deposit made to secure commencement of road works on development. Citations: [2005] EWCA Civ 644 Links: Bailii Statutes: Mental Health Act 1983 139 Jurisdiction: England and Wales Citing: Cited – Pountney v Griffiths QBD 1975 A mental patient sought damages for assault from a nurse. The nurse replied that the proceedings … Continue reading Patel and others v London Borough of Brent: CA 25 May 2005

Lewis v Gibson and Another: CA 19 May 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

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005

E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved. Held: When an adult whose mental health is … Continue reading E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 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

Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982

The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982

Regina (Anderson and Others) v HM Coroner for Inner North Greater London: QBD 26 Nov 2004

The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but died of a cardiac arrest whilst being restrained pending the arrival of a doctor. The … Continue reading Regina (Anderson and Others) v HM Coroner for Inner North Greater London: QBD 26 Nov 2004

Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

The prisoner had been sentenced but then transferred to a secure mental hospital. Whilst there be acted in a way equivalent to a hostage taking. Held: Upon his release from the mental hospital the powers as to recall under the prison sentence remained intact, and he was properly returned to prison. Judges: Collins J Citations: … Continue reading Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

Ganatra, Regina (on the Application Of) v London Borough of Ealing and others: CA 18 Jul 2002

Application for permission to appeal against orders made dismissing the applicant’s challenge to her detention pursuant to section 3 of the Mental Health Act 1983. Her case was that section 11(4) of that Act had not been complied with. Citations: [2002] EWCA Civ 1153 Links: Bailii Jurisdiction: England and Wales Health Updated: 23 June 2022; … Continue reading Ganatra, Regina (on the Application Of) v London Borough of Ealing and others: CA 18 Jul 2002

Regina v M and Others: CACD 5 Oct 2001

The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that can be seen as retributive or deterrent. With the exception of an … Continue reading Regina v M and Others: CACD 5 Oct 2001

Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004

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

Regina on the Application of Brooks v The Parole Board: CA 10 Feb 2004

The court had to decide the extent to which the Parole Board could rely on hearsay evidence in a case in which a discretionary life prisoner’s licence had been revoked. The evidence was crucial to the issue of risk. Held: (majority) The Board’s decision which had relied upon the hearsay evidnce was upheld. Kennedy LJ: … Continue reading Regina on the Application of Brooks v The Parole Board: CA 10 Feb 2004

Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd: HL 18 Oct 1983

Architects proposed a system of flexible drains for a site, but the contractors persuaded them to accept rigid drains which once laid proved inadequate at considerable cost. The local authority had permitted the departure from the plans. Held: The true question to found negligence was whether the particular defendant owed the particular plaintiff a duty … Continue reading Peabody Donation Fund v Sir Lindsay Parkinson and Co Ltd: HL 18 Oct 1983

MM, Regina (on the Application of) v Secretary of State for the Home Department: CA 6 Jul 2007

Challenge to directions given by the respondent for the recall of the appellant to a mental hospital. Held: The breach of a condition would, if of ‘sufficient significance’ justify a recall. Judges: Keene, Gage, Toulson LJJ Citations: [2007] EWCA Civ 687 Links: Bailii Statutes: Mental Health Act 1983 42 Jurisdiction: England and Wales Cited by: … Continue reading MM, Regina (on the Application of) v Secretary of State for the Home Department: CA 6 Jul 2007

Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

The appellant had been found unfit to plead after assaulting his son, and he had been detained under the 1964 Act. He alleged his detention was in breach of his right to a fair trial. His release had been authorised subject to the appointment of a supervising psychiatrist. He complained that his detention was unlawful … Continue reading Regina v Secretary of State for the Home Department and Another ex parte IH: HL 13 Nov 2003

Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

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

PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention. Held: Such proceedings did engage the applicant’s right to a fair trial. The issue was whether a fair-minded and … Continue reading PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal: Admn 22 Oct 2003

A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not … Continue reading Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

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

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

Powell v United Kingdom: ECHR 4 May 2000

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, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003

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

Regina (N) v Dr M and Others: CA 6 Dec 2002

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

Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

The claimant complained that her continued detention for mental health treatment contravened her human rights. She had been detained compulsorily for treatment. A later assessment provided that she could be at home, with a right to by required to continue treatment as an inpatient. Held: The fact that a continued substantial part of her treatment … Continue reading Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

Damages were claimed by three mental health patients whose rights under Article 5(4) had been infringed because of inordinate delay in processing their claims to mental health review tribunals. Held: Article 5.5 did not make an award of damages mandatory. It was complied with provided that it was possible to make an application for compensation; … Continue reading KB and Others, Regina (on the Applications of) v Mental Health Review Tribunal: Admn 23 Apr 2002

Wooder, Regina (on the Application of) v Feggetter and Dr Grah: CA 25 Apr 2002

The patient challenged the treatment given to him against his will as a detained mental patient. He said the opinion of the second doctor as required under the Act, had not been put into writing. Held: Following Wilkinson, which allowed a challenge to such decisions, it was inevitable that a written opinion would be required … Continue reading Wooder, Regina (on the Application of) v Feggetter and Dr Grah: CA 25 Apr 2002

Gough and Another v Chief Constable of Derbyshire: CA 20 Mar 2002

The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence. Held: Although the proceedings under which orders were made were civil, the standard of proof required was virtually that of a criminal court. Public policy could be used to justify … Continue reading Gough and Another v Chief Constable of Derbyshire: CA 20 Mar 2002

T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002

The applicant’s former partner, G, had been detained under the Act. She had obtained an injunction to keep him away, but whilst exercising staying contact with her child, he had killed his own parents, and was now detained. The tribunal had ordered his conditional release. She sought a copy of the decision, and now sought … Continue reading T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014

The Court was asked significant questions as to the procedure to be followed when a person is recalled by the Secretary of State to be detained in a hospital under the power conferred by section 42(3) of the Mental Health Act 1983. The Appellant contends that his recall was effected unlawfully, and that his subsequent … Continue reading Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014

Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

This case raises, among other matters, an issue about whether reasons for a restricted patient’s recall to detention in a hospital have to be provided orally or in writing. Judges: Dingemans Citations: [2013] EWHC 1784 (Admin), [2015] 2 WLR 256, [2015] 1 QB 385 Links: Bailii Statutes: Mental Health Act 1983 42(3), Human Rights Act … Continue reading Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993

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

In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

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

Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001

The applicant had been detained under the Act. His detention had been ended by the Mental Health Tribunal, but he had been detained again under s3. The decision was later quashed, and he asserted that upon that decision, an earlier sentence of imprisonment took effect, preventing his re-detention. The Tribunal’s detention was later quashed. Held: … Continue reading Regina (Wirral Health Authority and Another) v Mental Health Review Tribunal and Another: CA 13 Nov 2001

Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001

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

In re F (Enduring power of Attorney): ChD 2 Apr 2004

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

Herczegfalvy v Austria: ECHR 24 Sep 1992

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

Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

The section placed the burden upon a specially restricted patient to prove that he was not suffering from a mental disorder of a nature or degree requiring him to be detained, before the Tribunal could order his release. This shifting of the burden was in breach of his human rights not to be detained. It … Continue reading Regina (on the application of H) v Mental Health Review Tribunal, North and East London Region: CA 28 Mar 2001

Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker: CA 21 Feb 2001

The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant change of circumstances?’ Held: There was nothing to prevent … Continue reading Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker: CA 21 Feb 2001

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

The applicant applied for asylum, but suffered from schizophrenia. He had been refused entry and detained, and then his detention was transferred to a mental hospital by order of the Home Secretary, with a view to his return for treatment in Malta. The applicant alleged that the Secretary had no power to so order without … Continue reading X v Secretary of State for Home Department: CA 7 Dec 2000

Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall): CA 30 Jul 1999

A patient having been convicted of manslaughter eventually applied for release. The authorities were concerned that he might have a spontaneous recurrence of his condition, but delayed preparation of a plan for his release. The Tribunal refused to order his release despite the delay. A review of the Tribunal failed because the Tribunal had no … Continue reading Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall): CA 30 Jul 1999

Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon his impending release from hospital, the respondent ordered him to be returned to prison. He absconded form the … Continue reading Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg: Admn 26 Jun 2000

Citations: [2000] EWHC Admin 362 Links: Bailii Statutes: Mental Health Act 1983 2 3 Jurisdiction: England and Wales Citing: Appealed to – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001 The court was asked ‘When a mental health review … Continue reading Regina v Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg: Admn 26 Jun 2000

Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall: Admn 23 Apr 1999

The tribunal had ordered the conditional discharge of the patient, subject to conditions to be satisfied by the local health authority. The authority had failed to make the arrangements which would have satisfied the relevant conditions, and as a result the patient remained in detention in hospital. Held: A health or social services authority has … Continue reading Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall: Admn 23 Apr 1999

Regina v Central and North-West London Mental Health NHS Trust: QBD 9 Dec 2002

The patient sought his discharge. A panel of three sat, but only two members voted for his release. Held: The Act allowed a panel with a minimum quorum of three, but also required a minimum of three to vote in favour. The mere majority was insufficient. The Grindley case was not enough to allow a … Continue reading Regina v Central and North-West London Mental Health NHS Trust: QBD 9 Dec 2002

Regina v Secretary of State for Home Office ex parte Gilkes: Admn 21 Jan 1999

The prisoner challenged a decision to have her transferred to a mental hospital under scetion 47. Held: It had not been reasonable for the Secretary of State to rely on one of the two medical reports she relied on. However since if the Secretary of State had made further inquiries at the time of the … Continue reading Regina v Secretary of State for Home Office ex parte Gilkes: Admn 21 Jan 1999

Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

When assessing the release of a detained patient the tribunal must look at the ‘nature or degree’ of the illness disjunctively and not conjunctively. A person subject to a serious illness but without current symptoms might still be detained. Citations: Times 09-Dec-1998, [1998] EWHC Admin 832 Links: Bailii Statutes: Mental Health Act 1983 72(1)(b)(I) Health … Continue reading Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith: Admn 4 Aug 1998

Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

The Commission had power to hear a complaint about treatment since the power to detain also carried the power to treat, and a complaint about one part carried a power to complain about the rest. Citations: Times 18-May-1998, [1998] EWHC Admin 524 Links: Bailii Statutes: Mental Health Act 1983 120(b)(ii) Health, Jury Updated: 27 May … Continue reading Regina v Mental Health Act Commission ex parte Smith: Admn 11 May 1998

Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014

Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown Court, who has been conditionally discharged for the second time from detention at … Continue reading Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014

Regina (Sim) v Parole Board: CA 18 Dec 2003

The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003

Broadmoor Hospital Authority and Another v Robinson: CA 20 Dec 1999

Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain its publication. It was argued that such a restraint went beyond the express powers … Continue reading Broadmoor Hospital Authority and Another v Robinson: CA 20 Dec 1999

Regina (on the application of K) v Camden and Islington Health Authority: CA 21 Feb 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

Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge. Judges: Mostyn J Citations: [2013] EWHC 1637 (Admin) … Continue reading Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

The authority obtained an ex parte order allowing it to give treatment in the form of a medically assisted birth, to the claimant against her will. Citations: Times 08-May-1998, Gazette 03-Jun-1998, [1998] EWHC Admin 490 Links: Bailii Statutes: Mental Health Act 1983 2 Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S: Admn 7 May 1998

N, Regina (On the Application of) v M and Others: Admn 24 Sep 2002

The patient challenged the decision of her doctors to administer anti-psychotic medicine for the prevention or for the alleviation of her psychotic illness, to which she did not consent. Judges: Silber J Citations: [2002] EWHC 1911 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United … Continue reading N, Regina (On the Application of) v M and Others: Admn 24 Sep 2002

Vella v London Borough of Lambeth: Admn 14 Nov 2005

The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006

The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006

L v United Kingdom: ECHR 5 Oct 2004

The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004

Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. Held: He had in fact been detained: ‘We do not consider that the judge was correct … Continue reading Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L: CA 2 Dec 1997

Regina v Ealing District Health Authority, ex parte Fox: 1993

A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the community. The authority refused to make the appointment. Held: ‘I reject the submission that this duty … Continue reading Regina v Ealing District Health Authority, ex parte Fox: 1993

Regina v Reynolds: CACD 1 Nov 2000

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

Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

The fact that an alien was detained under the Mental Health Acts did not mean that he could not be ordered to be removed and returned to his own country. The power given to the Secretary of State was discretionary, and though the treatment he might receive was of a lower standard, it was not … Continue reading Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of … Continue reading Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

Nelson v Regina: CACD 2 Dec 2020

‘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

Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

A standardised period before a hearing to review a patient’s detention that does not vary with the facts of each case may involve a breach of the Convention right. Citations: [2001] EWCA Civ 1110, [2002] 1 WLR 176 Statutes: European Convention on Human Rights, Mental Health Act 1983 Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina (C) v London South and West Region Mental Health Review Tribunal: CA 2001

Re SS (an adult: medical treatment): 2002

The court considered a request for permission to abort the pregnancy of a woman receiving treatment as an in-patient at a mental hospital: ‘Pregnant patients in psychiatric hospital are not unusual. The issue of the termination of pregnancies in such circumstances must arise frequently. It seems to me essential that each hospital should have a … Continue reading Re SS (an adult: medical treatment): 2002

Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

The applicant had been a discretionary life prisoner. His minimum period of detention had passed, but he continued to be detained under a transfer order for his treatment as mental health patient. Held: The absence of any means for him to challenge his continued detention infringed his rights. Had the Mental Health Review Tribunal decided … Continue reading Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Two patients were each subject to hospital orders and restriction orders under the Mental Health Act 1983. On a reference to the First-tier Tribunal, the first patient did not seek a discharge but instead sought an extra-statutory recommendation that he be granted leave outside the hospital. Before hearing any evidence, the First-tier Tribunal announced that … Continue reading EC v Birmingham and Solihull Mental Health NHS Trust: UTAA 8 May 2013

Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. Judges: Popplewell J Citations: [1997] EWHC Admin 281 Statutes: Mental Health Act 1983 2, Supreme Court Act 1981 31(6) Jurisdiction: England and Wales Citing: See Also – Regina v Collins; Pathfinder Mental Health Services … Continue reading Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’: Admn 17 Mar 1997

Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

An asylum seeker had come to be detained under the Mental Health Act. The Home Secretary, having refused the asylum application, ordered him to be repatriated. Held: Though the Secretary of State could only exercise his powers of removal under section 86 of the MHA if it appeared to him to be in the patient’s … Continue reading Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

A mental patient’s detention under s 3 should not be renewed under s 20 when she was absent from the hospital on home leave. Judicial review is to be preferred to habeas corpus as a means of seeking remedies in these situations. Citations: Times 14-Oct-1998 Statutes: Mental Health Act 1983 3, 20 Jurisdiction: England and … Continue reading In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker: CA 14 Oct 1998

Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

The applicant had entered the UK without leave, and then been detained for mental illness. The Secretary ordered him to be removed. He claimed that there was no power to remove him whilst the detention order was current, and that the order infringed his human rights. Held: The later Act had not revoked the earlier, … Continue reading Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001

When a person detained compulsorily applied for a review of his admission, it was unacceptable to list all such cases to be heard only after eight weeks. Whilst such cases might often require detailed assessment which would take some time after admission, and the consequences of a decision to confirm the detention were serious for … Continue reading Regina (C) v Mental Health Review Tribunal: CA 11 Jul 2001