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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

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

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 (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 (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

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 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

Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

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

Regina v London South West Region Mental Health Review Tribunal, Ex Parte Moyle: QBD 10 Feb 2000

An application for the discharge of a mental patient under section 72, was to be based on the same criteria as would found the original decision to authorise detention under section 3. The criteria would mirror each other save that the burden of proof was reversed. It was correct to take account of the possibility … Continue reading Regina v London South West Region Mental Health Review Tribunal, Ex Parte Moyle: QBD 10 Feb 2000

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

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

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

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

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

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

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 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

L, Regina (on The Application of) v West London Mental Health NHS Trust and Others: CA 29 Jan 2014

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

Regina (on the Application IH) v Nottinghamshire Healthcare NHS Trust and Others: Admn 5 Dec 2001

Whether the 1983 Act, and in particular its provisions governing the conditional discharge and deferral of conditional discharge of ‘restricted patients’, are compatible with Article 5 of the European Convention on Human Rights. [2001] EWHC Admin 1037 Bailii Mental Health Act 1983, European Convention on Human Rights England and Wales Citing: Appealed to – Regina … Continue reading Regina (on the Application IH) v Nottinghamshire Healthcare NHS Trust and Others: Admn 5 Dec 2001

Clunis (By his Next Friend Prince) v Camden and Islington Health Authority: CA 5 Dec 1997

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

BB v Cygnet Health Care: Admn 4 Mar 2008

Application for a Writ of Habeas Corpus ad Subjiciendum directed to the hospital managers of the defendant. The application relates to the detention of the claimant since 30 January 2008 at the Cygnet Wing Blackheath purportedly authorised under . .

Acts

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JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006

JB challenged his detention under the 1983 Act. Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. Judges: Auld LJ, Scott Baker LJ, neuberger LJ Citations: [2006] EWCA Civ 961, [2006] HRLR 40 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – T-Mobile … Continue reading JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006

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

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

Attorney-General’s Reference No 54 of 2011: CACD 2012

Hughes LJ said that the detention for public protection regime and that under sections 37/41 of the 1983 Act have features in common. Under both, release is discretionary in the hands of the Secretary of State, effectively the Ministry of Justice. There is no absolute right to release. The test for the exercise of the … Continue reading Attorney-General’s Reference No 54 of 2011: CACD 2012

Gray v Thames Trains and Others: HL 17 Jun 2009

The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009

Inneh, Regina v: CACD 14 Dec 2021

Appeal from hospital order Judges: Lord Justice Holroyde Mr Justice Picken Recorder of Manchester (His Honour Judge Dean QC) (Sitting as a Judge of the Cacd) Citations: [2021] EWCA Crim 2004 Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 April 2022; Ref: scu.674621

PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003

The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs. Held: This was an exceptional case requiring attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003

Henderson v Wilcox and Others: ChD 3 Dec 2015

The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act. Held: … Continue reading Henderson v Wilcox and Others: ChD 3 Dec 2015

Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007

The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007

MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010

The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights. Held: The respondent was entitled to decide to deport the appellant notwithstanding that he was still subject to orders under sections … Continue reading MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010

Lall, Regina v: CACD 19 Mar 2021

Choice of mental Health Sentencing Options On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting imprisonment for life with a limitation restriction under … Continue reading Lall, Regina v: CACD 19 Mar 2021

Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007

The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city. Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. … Continue reading Chester City Council and Another v Arriva Plc and others: ChD 15 Jun 2007

K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under Section 3 of the Mental Health Act 1983 Judges: Lord Justice Ryder … Continue reading K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 2005

The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged offence occurred. Held: The appeal by the club succeeded. No bias whether real or apparent had … Continue reading Flaherty v National Greyhound Racing Club Ltd: CA 14 Sep 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 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

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

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 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

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 (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

Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998

(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998

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

Addington v Texas: 30 Apr 1979

(US Supreme Court) To commit an individual to a mental institution in civil proceedings, the state was required by the ‘due process’ clause of the US Constitution to prove by clear and convincing evidence the statutory preconditions to commitment. That was an intermediate standard, between proof beyond reasonable doubt and proof on the preponderance of … Continue reading Addington v Texas: 30 Apr 1979

Corr v IBC Vehicles Ltd: HL 27 Feb 2008

The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

HL v United Kingdom: ECHR 2004

Lack of Patient Safeguards was Infringement The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further pending suitable arrangements being made for … Continue reading HL v United Kingdom: ECHR 2004

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

In Re Hughes Deceased: ChD 8 Jan 1999

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

Richards v Worcestershire County Council and Another: CA 12 Dec 2017

Appeal by two public authorities against a refusal to strike out the claimant’s claim as an abuse of process. The principal point of law which arises for decision is whether (following O’Reilly v Mackman [1983] 2 AC 237) the claimant was entitled to proceed under Part 7 of the Civil Procedure Rules rather than by … Continue reading Richards v Worcestershire County Council and Another: CA 12 Dec 2017

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

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

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

JO (Qualified Person – Hospital Order – Effect) Slovakia: UTIAC 13 Jul 2012

An EEA national does not cease to be a qualified person as a result of being detained in a hospital pursuant to an order of the court under the Mental Health Act 1983, having not been convicted of any criminal offence. Citations: [2012] UKUT 237 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 … Continue reading JO (Qualified Person – Hospital Order – Effect) Slovakia: UTIAC 13 Jul 2012

London Borough of Sutton v MH (No 2): FD 10 Jun 2016

Application brought by the London Borough of Sutton for a care order under Part IV of the Children Act 1989. NH is also, as at the date of this hearing, under section pursuant to section 3 of the Mental Health Act 1983. MacDonal J [2016] EWHC 1371 (Fam) Bailii Children Act 1989, Mental Health Act … Continue reading London Borough of Sutton v MH (No 2): FD 10 Jun 2016