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
A strict compliance with the statutory rules before a mental patient could be detained did not require an inflexible order of events. Citations: Times 14-Jul-1997, Gazette 09-Jul-1997 Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 06 November 2022; Ref: scu.82290
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
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
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
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
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
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The patient had been detained under section 3. He applied to challenge his detention, but before the hearing, he was accepted on to a programme for supervision following his intended release the day before the hearing. His solicitors notified the tribunal of his change in status, but now appealed their refusal to decide his application. … Continue reading SR, Regina (on the Application of) v Mental Health Review Tribunal: Admn 14 Dec 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
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
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
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
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
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
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
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
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
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
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
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
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
The jurisdiction with respect to restricted patients of the Tribunal was to decide whether the Act allowed the patient to be discharged or re-classified. Questions about the transfer of patients to other less secure facilities were not part of the tribunals jurisdiction, and it could not adjourn for consideration of such an option. Citations: Times … Continue reading Regina v Mental Health Tribunal for North East Thames Region, ex parte Secretary of State for the Home Department: CA 20 Feb 2001
Where a patient was detained having been diagnosed as suffering from two mental health conditions justifying his detention, a finding that one condition was in remission but might return, but which could not at that time be used to justify his continued detention, did not oblige the tribunal to delete that condition as a basis … Continue reading Regina v Anglia and Oxfordshire Mental Health Review Tribunal, Ex Parte Hagan: CA 21 Jan 2000
Means of approval of settlements of PI awards to mental health patients. Citations: Gazette 08-Jun-1994 Statutes: Mental Health Act 1983 96(1)(d) Jurisdiction: England and Wales Health Updated: 05 May 2022; Ref: scu.84959
A discretionary life sentence should be reserved for the most exceptional circumstances, and for the most part for offenders who were incapable of being dealt with under the Mental Health Act 1959, ‘yet who are in a mental state which makes them dangerous to the life or limb of members of the public’ and in … Continue reading Regina v Wilkinson: CACD 1983
C applied for judicial review of the refusal by the respondent to order his absolute discharge, and the continuation of the restriction order. He said the tribunal had taken account of earlier reporst referring to a psychopathic personality disorder, when the original restriction order had only referred to a mental illness. He also complained at … Continue reading Regina (C) v Mental Health Review Tribunal and Others: QBD 17 Jan 2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
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
In the J T case the UK government had reached a friendly settlement under which it accepted that the United Kingdom law under sections 26 and 29 of the 1983 Act was an infringement of a patients human rights. It had been accepted that the legislation would need amendment, to allow a detainee exercising his … Continue reading Regina (M) v Secretary of State for Health: QBD 16 Apr 2003
The House decided that section 73 of the 1983 Act provided a two-stage process in relation to a patient’s conditional discharge. The tribunal first decides that it will direct the discharge subject to conditions, but defers giving the direction so that arrangements may be made to enable the patient to comply with the conditions. The … Continue reading Regina v Oxford Regional Mental Health Review Tribunal, Ex parte Secretary of State for the Home Department (Campbell’s Case): HL 1988
It was unlawful to detain a psychopath for treatment where in fact his condition was untreatable. Citations: Times 24-Aug-1993, Independent 01-Sep-1993 Statutes: Mental Health Act 1983 3(2) Cited by: Appeal from – 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 … Continue reading Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A: QBD 24 Aug 1993
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Her GP and a consultant gynaecologist had recommended a termination for a pregnant, severely mentally handicapped 26 year old woman. Following Re F, her father sought a formal declaration of the court was required before any termination. Held: Termination of a pregnancy was already closely regulated by statute which provided ‘fully adequate safeguards for doctors … Continue reading Re SG (adult mental patient: abortion): FD 1991
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act. Held: The case should be allowed to go ahead. Though the common law tort of negligence is still … Continue reading K v Central and North West London Mental Health NHS Trust and Another: QBD 30 May 2008
L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful. Held: The continued detention of a mental health patient who is incapable of giving consent is unlawful in the absence of the hospital following the statutory procedures. Owen … Continue reading L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. In the mental health context, if someone is to be taken out of the community … Continue reading In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental Health Review Tribunal ‘MHRT’ under section 67(1) of the Mental … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013
Power of FTT to deprive patient of liberty Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order. Held: The orders made by the UT were set … Continue reading The Secretary of State for Justice v MM: CA 29 Mar 2017
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
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 court considered the narrow but important question in this appeal concerns the requirements of the common law principles of procedural fairness in cases where a convicted offender is detained under section 37 as mentally ill and is being considered for transfer from conditions of medium security to conditions of high security. Moses, Patten, Beatson … Continue reading L, Regina (on The Application of) v West London Mental Health NHS Trust and Others: CA 29 Jan 2014
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
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
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis that he would not have killed anyone but for negligence on the … Continue reading Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997
Members of the tribunal must not simply consider whether they personally think that the dismissal is fair and they must not substitute their decision as to what was the right course to adopt for that of the employer. Their proper function is to determine whether the decision to dismiss the employee fell within the band … Continue reading Iceland Frozen Foods Ltd v Jones: EAT 29 Jul 1982
The claimants appealed against the imposition on them of smoking bans while they were compulsorily detained at Rampton Hospital. They said that other persons detained for example in prisons had been exempted fully. Held: The right or freedom to smoke does not engage article 8(1) of the Convention. The appeal failed: ‘We reject the argument … Continue reading N, Regina (on the Application of) v Secretary of State for Health; Regina (E) v Nottinghamshire Healthcare NHS Trust: CA 24 Jul 2009
The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .
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 . .
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Citations: [1999] EWCA Civ 1689 Statutes: Mental Health Act 1983 29(1)(c) Jurisdiction: England and Wales Health Updated: 21 January 2023; Ref: scu.146604
Judges: Mrs Justice Lieven DBE Citations: [2021] EWCOP 44 Links: Bailii Statutes: Mental Capacity Act 2005 15 16, Mental Health Act 1983 29(3) Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.668181
Judges: Hale LJ Citations: [2000] EWCA Civ 3028 Links: Bailii Statutes: Mental Health Act 1983 29 Jurisdiction: England and Wales Health Updated: 24 July 2022; Ref: scu.330955
The claimant prisoner challenged an order for his remission from a secure mental hospital to prison Judges: Mr Rec Fordham QC Citations: [2013] EWHC 3613 (Admin) Links: Bailii Statutes: Mental Health Act 1983 50(1) Jurisdiction: England and Wales Prisons, Health Updated: 09 December 2022; Ref: scu.519980
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
Judges: Holman J Citations: [2007] EWHC 1028 (Admin), (2007) 10 CCL Rep 464, [2007] 1 WLR 2239 Links: Bailii Statutes: European Convention on Human Rights 5, Mental Health Act 1983 75(1) Jurisdiction: England and Wales Human Rights, Health Updated: 07 December 2022; Ref: scu.252401
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
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
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
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
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
The claimant sought leave to bring proceedings in respect of his detention under the 1983 Act. Judges: Eady J Citations: [2012] EWHC 1053 (QB) Links: Bailii Statutes: Mental Health Act 1983 139 Jurisdiction: England and Wales Health, Torts – Other Updated: 19 November 2022; Ref: scu.452977
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
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
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
The 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
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
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
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
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
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
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
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
The defendant appealed against a sentence of imprisonment for robberies. He had a history of mental illness and had been diagnosed schizophrenic. He applied to be made subject to an order under the Act, which would replace the sentence with a treatment order, and agreed to be made subject to an extended restriction order. Held: … Continue reading Regina v Atie: CACD 23 Apr 1998
Citations: [2011] UKUT 143 (AAC), [2011] MHLR 159, [2011] AACR 42 Links: Bailii Statutes: Mental Health Act 1983 68(7) Jurisdiction: England and Wales Health Updated: 07 September 2022; Ref: scu.433525
The claimant complained of his proposed detention at Broadmoor. Judges: McGowan J Citations: [2015] EWHC 2296 (Admin) Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Health Updated: 03 September 2022; Ref: scu.550957
Judges: Ben J Citations: [2008] EWHC 1707 (Admin), [2008] MHLR 290 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Health, Crime Updated: 22 August 2022; Ref: scu.277866
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
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
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act. Held: A judge of the Crown Court is obliged under the section to make a mandatory order containing restrictions on the liberty of the accused person … Continue reading Regina v Grant: CACD 22 Nov 2001
The 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
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
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
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
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
Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial. Citations: [2009] EWHC 759 (Admin), [2009] MHLR 71 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3) Jurisdiction: England and … Continue reading Blouet v Bath and Wansdyke Magistrates Court: Admn 12 Mar 2009
The applicant complained that, as a mental patient, he was bound to obtain permision before beginning legal proceedings. Citations: 50330/07, [2009] ECHR 806 Links: Bailii Statutes: European Convention on Human Rights, Mental Health Act 1983 139(2) Cited by: See Also – Seal v United Kingdom ECHR 7-Dec-2010 The court considered a procedural filter which prevented … Continue reading Seal v United Kingdom: ECHR 18 May 2009
The deceased had made a will providing for her daughter and charities. She became ill, and lost capacity, and then her daughter died. Her son applied for a statutory will. This was ordered and prepared, but she died before the court could confirm that it could be sealed. The son applied for an order allowing … Continue reading In Re Hughes Deceased: ChD 8 Jan 1999
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio. Held: The claimant’s appeal succeeded. … Continue reading Gray v Thames Trains Ltd and Another: CA 25 Jun 2008
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The 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 Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not … Continue reading D’Souza v Director of Public Prosecutions: HL 15 Oct 1992
