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
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
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
A mental patient sought damages for assault from a nurse. The nurse replied that the proceedings were a nullity since the patient had not first obtained permission to commence proceedings.
Held: Lord Widgery CJ said: ‘Although no point was . .