Category: Health

Re PZ (A Child): FD 26 Jul 2021

The Trust sought a declaration that it was in PZ’s best interests for life-sustaining medical treatment to be withdrawn and for a palliative care regime to be implemented.

Judges:

Mrs Justice Theis

Citations:

[2021] EWHC 2294 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Health

Updated: 03 February 2022; Ref: scu.669899

Schmitt v TUV Rheinland LGA Products GmbH: ECJ 16 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Industrial Reference for a preliminary ruling – Approximation of laws – Industrial policy – Directive 93/42/EEC – Checks on the conformity of medical devices – Notified body appointed by the manufacturer – Obligations of that body – Defective breast implants – Implants manufactured using silicone – Liability of the notified body

Citations:

ECLI:EU:C:2017:128, [2017] EUECJ C-219/15

Links:

Bailii

Statutes:

Directive 93/42/EEC

Jurisdiction:

European

Health

Updated: 31 January 2022; Ref: scu.575277

ASK v The Secretary of State for The Home Department: Admn 9 Feb 2017

The claimant said that he as unlawfully detained in an Immigration Removal Centre pending removal from the United Kingdom and, once he was definitively declared unfit to fly, detained for an unreasonably long period of time before eventual transfer to a psychiatric unit.

Judges:

Green J

Citations:

[2017] EWHC 196 (Admin)

Links:

Bailii

Statutes:

Mental Health Act 1983 2 3 48

Jurisdiction:

England and Wales

Health, Torts – other

Updated: 29 January 2022; Ref: scu.573922

Miles and Another v The Public Guardian: ChD 1 Jul 2015

The court was asked whether certain provisions in two lasting powers of attorney were effective.
Nugee J said: ‘It does seem to me that it is right that the Act should be construed in a way which gives as much flexibility to donors to set out how they wish their affairs to be dealt with as possible, the Act being intended to give autonomy to those who are in a position where they can foresee that they may in the future lack capacity . .’

Judges:

Nugee J

Citations:

[2015] EWHC 2960 (Ch)

Links:

Bailii

Statutes:

Mental Capacity Act 2005 9

Jurisdiction:

England and Wales

Health, Agency

Updated: 29 January 2022; Ref: scu.573627

Briggs v Briggs and Others (EWCOP 53): CoP 20 Dec 2016

The court considered whether to order continuation of hydration and releated treatment for a patient in a minimally conscious state.
Held: ‘I am sure that if Mr Briggs had been sitting in my chair and heard all the evidence and argument he would, in exercise of his right of self-determination, not have consented to further CANH treatment that his best interests are best promoted by the court not giving that consent on his behalf.
This means that the court is doing on behalf of Mr Briggs what he would have wanted and done for himself in what he thought was his own best interests if he was able to do so.’

Judges:

Charles J

Citations:

[2016] EWCOP 53

Links:

Bailii

Statutes:

Mentall Capacity Act 2005

Jurisdiction:

England and Wales

Health

Updated: 28 January 2022; Ref: scu.573097

SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Application for judicial review challenging the Secretary of State’s transfer direction given under section 47 of the Mental Health Act 1983 authorising removal of the claimant from prison to Rampton Hospital

Judges:

Mr Justice Burnett

Citations:

[2010] EWHC 1124 (Admin), [2010] ACD 71

Links:

Bailii

Statutes:

Mental Health Act 1983 47

Jurisdiction:

England and Wales

Health, Criminal Sentencing

Updated: 28 January 2022; Ref: scu.416112

Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016

‘The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (‘the Convention’), it is necessary for a welfare order to be made by the Court of Protection (‘the CoP’) pursuant to the Mental Capacity Act 2005 (‘the MCA’) in a case where an individual, who lacks the capacity to make decisions about where to live and the regime of care, treatment and support that he should receive, is to be given such care, treatment and support entirely by private sector providers in private accommodation in circumstances which, objectively, are a deprivation of his liberty within the meaning of Article 5(1) of the Convention (‘Article 5(1)’).’

Sir Terence Etherton MR, Elias, Beatson LJJ
[2016] EWCA Civ 1317
Bailii
European Convention on Human Rights 5(1)
England and Wales

Human Rights, Health

Updated: 27 January 2022; Ref: scu.572741

U v W (Attorney-General Intervening): FD 4 Mar 1997

The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element inherent in the notion of ‘treatment together’ and if the respondent had believed at all material times that the treatment which was being provided in which his sperm alone was to be used, the treatment of the applicant with donor sperm would not have amounted to services provided for them together. The test is not whether the man consented either to be deemed in law to be the father of the prospective child or to become legally responsible for him. The subsection concentrates on what would be expected of unmarried couples in a stable relationship who are seeking to bring a child into being jointly as their child. The test which it adopts is whether the relevant treatment services were provided for the woman and the man together. ‘In my view what has to be demonstrated is that, in the provision of treatment services with donor sperm, the doctor was responding to a request for that form of treatment made by the woman and the man as a couple, notwithstanding the absence in the man of any physical role in such treatment.’

Wilson J
Gazette 19-Mar-1997, Times 04-Mar-1997, [1998] Fam 29, [1997] 2 FLR 282
Human Fertilisation and Embryology Act 1990 28(3), Children Act 1989
England and Wales
Cited by:
Cited – In re R (Parental responsibility: IVF baby) CA 19-Feb-2003
The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of . .
Cited – AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B QBD 26-Feb-2003
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents . .
Cited – In Re R (Parental responsibility: IVF baby); D (A Child), Re HL 12-May-2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity.
Held: The father’s appeal failed. The Act made statutory provision . .

Lists of cited by and citing cases may be incomplete.

Health, Health Professions, European

Updated: 27 January 2022; Ref: scu.90038

Warren v Care Fertility (Northampton) Ltd and Another: FD 6 Mar 2014

‘Mrs W seeks a Declaration that it is lawful for the sperm of her husband Warren Brewer who died on 7 February 2012 to be stored beyond 18 April 2015 and for a period of up to 55 years until 18 April 2060 so that it can be used by her for the purposes of conceiving a child or children.
I have granted that Declaration.
Sadly Mr B was diagnosed with a brain tumour in about April 2005. After operative treatment he required radiotherapy. A well-known likely consequence of such treatment would be to render him infertile.
He wished to keep open his option open to become a father of his own child. Thus he was referred to the Clinic for collection and storage of sperm before he received radiotherapy. This was undertaken in April 2005.
Mrs W met Mr B in 2004. Over the years the relationship developed and deepened, they became engaged to be married in October 2010 and were married in December 2011 in the Hospice shortly before his death.
They had spoken of marriage, a life long commitment, and the prospect of having children. It was their mutual wish to become parents. In 2008 Mr B formally named Mrs W as ‘his partner’ to enable her to use his sperm after death, and for him to be named on the birth certificate of any child created with his sperm. He subsequently told Mrs W that he had done this, and as he wanted to enable her to have his children if she wished. Thereafter it was an accepted matter as between them.
I have heard Mrs W in evidence and read statements from his parents and consultant oncologist who make it clear what he wished and intended.
I am satisfied that after 2008 Mr B never changed his mind and wanted Mrs W to have the opportunity to have his child, or children, after his death.
The Human Embryo and Fertilisation Act 1990 as amended provides for a deceased’s sperm to be used by ‘his named partner’ to create an embryo. The initial maximum storage period was established as 10 years. The 2009 Regulations enable the extension of that period, subject to certain requirements under Regulation 4 or 7.
Notwithstanding his wishes and intentions and various written consents Mr B did not provide written consent as required by the Regulations, nor did he provide the requisite medical certificate. This was through no fault of his own. The clinic upon which the obligation fell failed to give him relevant information as to the requirements of the Regulations and failed to obtain the requisite long-term consent from him or the appropriate medical opinion.
I am satisfied had he known what was required he would have done that which was necessary. As it was he was not given the information, not advised and thus he did not fulfil the requirement of the Regulations. However, when asked he signed every consent form sent to him, particularly the consent forms for storage, but they were limited in time by the clinic and associated with their own requirements for payment of fees.
I have been critical of the clinic in that respect. After The Human Embryo and Fertilisation Authority learnt of this case it issued further guidance on 31 May 2012 to storage centres. The Authority recognised the clinic and other storage centres, being anxious to secure their fees for storage for a limited period had not or may not have obtained a longer term consent from the sperm provider. The Authority was anxious that the circumstances of this case should not arise in the future.
The Human Rights Act 1998 has come to the aid of Mrs W. Specifically Section 3 and Article 8.
Section 3(1) : ‘So far as it is possible to do so primary and subordinate legislation must be read and given effect in a way which is compatible with the Convention (Human Rights) rights.
Article 8: ‘Everyone has a right to respect for his private and family life. The state shall not interfere with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder of crime, for the protection of health or morals or for the protection of the rights and freedoms of others’.
I have held that Mrs Warren has a right under Article 8 in that she has the right to decide to become a parent by her deceased husband, for which he had made provision and which would accord with his wishes and intentions.
I have considered the exceptions set out in Article 8. None of them apply to this case. In my view the state should not interfere with Mrs Warren’s right under Article 8, and following English case law (Ghaidon -v- Godin-Mendoza 2004 2AC 557). I have interpreted the statutory legislation with ‘a broad approach concentrating in a purposive way on the importance of the fundamental right involved’ per Lord Steyn.
For these reasons I have made the Declaration.
The Human Fertilisation and Embryology Authority, while resisting Mrs Warren’s application, have expressed its sympathy for her. May I also add my great sympathy for her. She fell in love with a man, cared for him and loved him. He wanted her to have the opportunity to have his children if she wanted. She has suffered an enormous loss. I know she is supported by her parents-in-law. I wish her and Mr Brewer’s parents well, and ultimately whatever her decision may be I wish her and the family much happiness after such a difficult and sad time.’

Mrs Justice Hogg
[2014] EWHC 602 (Fam), [2014] Fam Law 803, [2014] 2 FCR 311, [2014] 3 WLR 1310, [2014] 2 FLR 1284, [2015] 1 Fam 1, [2014] WLR(D) 135, [2014] Med LR 217
Bailii, WLRD
England and Wales

Health, Human Rights

Updated: 27 January 2022; Ref: scu.522561

D and L (Minors Surrogacy), Re: FD 28 Sep 2012

The children had been born in India to a surrogate mother. The biological father and his civil partner sought a parental order. The mother could not be found to give her consent. She had been provided anonymously through a clinic.
Held: The request was granted, and a retrospective authorisation given for the making of payments for the surrogacy: ‘the twin’s welfare unquestionably will be enhanced by the making of parental orders. I am satisfied that these Applicants acted in good faith and have been entirely candid in all of their dealings with the Court and the other authorities.’. The 2010 Regulations had introduced a new situation. Here the applicants had taken appropriate and reasonable steps to seek the mother, but without success.
Baker J summarised the position as regards the effect of having a paid surrogacy: ‘(1) The question whether a payment exceeds the level of ‘reasonable expenses’ is a matter of fact in each case. There is no conventionally- recognised quantum of expenses or capital sum: Re L, supra.
(2) The principles underpinning section 54 (8), which must be respected by the court, is that it is contrary to public policy to sanction excessive payments that effectively amount to buying children from overseas: Re S, supra.
(3) On the other hand, as a result of the changes brought about by the 2010 Regulations, the decision whether to authorise payments retrospectively is a decision relating to a parental order and in making that decision, the court must regard the children’s welfare as the paramount consideration: Re L, supra, and Re X and Y (2011), supra, per the President.
(4) It is almost impossible to imagine a set of circumstances in which, by the time an application for a parental order comes to court, the welfare of any child, particularly a foreign child, would not be gravely compromised by a refusal to make the order: per Hedley J in Re X and Y (2008), approved by the President in Re X and Y (2011) at paragraph 40. It follows that: ‘it will only be in the clearest case of the abuse of public policy that the court will be able to withhold an order if otherwise welfare considerations support its making’, per Hedley J in Re L at paragraph 10.
(5) Where the Applicants for a parental order are acting in good faith, with no attempt to defraud the authorities, and the payments are not so disproportionate that the granting of parental orders would be an affront to public policy, it will ordinarily be appropriate to give retrospective authorisation, having regard to the paramountcy of the children’s welfare. !

Baker J
[2012] EWHC 2631 (Fam)
Bailii, Gazette
Human Fertilisation and Embryology Act 2008 54, Human Fertilisation and Embryology (Parental Orders) Regulations 2010 10
England and Wales
Citing:
Cited – In re L (A Minor) (Commercial Surrogacy) FD 8-Dec-2010
The child had been born in Illinois as a result of a commercial surrogacy arrangement which would have been unlawful here. The parents applied for a parental order under the 2008 Act.
Held: The order was made, but in doing so he court had to . .
Cited – In re X and Y (Foreign Surrogacy) FD 9-Dec-2008
The court considered the approval required for an order under the 2002 Act.
Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the . .
Cited – In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence . .
Cited – In re X and Y (Parental Order: Retrospective Authorisation of Payments) FD 6-Dec-2011
An application had been made for parental orders under section 57. The children X and Y had been born in India under surrogacy arrangements involving payments which were lawful in India, but which went beyond what could be paid.
Held: The . .
Cited – In Re S (Parental Order) FD 2009
Hedley J considered a Californian surrogacy arrangement in which USD $23,000 was paid.
Held: Hedley J considered the issue of authorisation in respect of a payment for a commercial surrogacy arrangement and set out further the approach the . .

Lists of cited by and citing cases may be incomplete.

Children, Health

Updated: 26 January 2022; Ref: scu.464867

King’s College Hospital NHS Foundation Trust v T and Others: FD 30 Sep 2014

Child T suffered life threatening and incpacitating damage after birth after a sudden acute cardio-respiratory deterioration and required mechanical ventilation. The parents, accepting the medical reports did not agree to the withdrawal of ventilation systems which would lead to his death, and ‘The only sensation that he is capable of responding to seems to be pain and the deep suction several times a day produces that reaction. This repeated suction is therefore both invasive and painful.’
Held: ‘the mechanical ventilation is only just sustaining life with no other benefit. When I consider his best interests holistically, the life support confers little benefit as it prolongs all the likely discomfort and possible pain and increases the probability of further infection leading to further invasive treatment and complications which will itself contribute to further physical deterioration without any real hope of restoring his health. His brain injuries are so profound, so catastrophic and the likelihood of further deterioration to his brain from hydrocephalus and the probability of lung infection and injury with continued ventilation all add to the conclusion that on balance not only is there no benefit, but in fact there is a strong probability of further pain, suffering and deterioration. Very sadly and with great reluctance I grant permission to withdraw the mechanically assisted ventilation.’

Russell J
[2014] EWHC 3315 (Fam)
Bailii
England and Wales

Family, Health

Updated: 26 January 2022; Ref: scu.537591

In Re Z (Local Authority: Duty): FD 3 Dec 2004

Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving.
Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a decision seriously against her interests, it was proper for them to investigate, and if appropriate report their concerns to the police. Though she was a vulnerable adult under the statutes, Mrs Z had full capacity, and it was not for them to intervene in this way. Mr Z might be putting himself at risk of a prosecution uunder the 1961 Act. The power to seek an injunction to prevent criminal activity did vest in a local authority, but the jurisdiction should be exercised only with the greatest caution. The authority had had no duty to apply for an injunction, and it was discharged.

Hedley J
[2004] EWHC 2817 (Fam), Times 09-Dec-2004, [2005] 3 All ER 280, [2005] 1 WLR 959, [2005] 1 FLR 740, [2005] 2 FCR 256, (2005) 84 BMLR 160, (2005) 8 CCL Rep 146
Bailii
National Assistance Act 1948 29, National Health Service Act 1977, National Health and Community Care Act 1990, Suicide Act 1961 291), Local Government Act 1972 8222
England and Wales
Citing:
Cited – Regina (Burke) v General Medical Council Admn 30-Jul-2004
The applicant, suffering a life threatening disease, wanted to ensure his continued treatment and revival in the circumstance of losing his own capacity. He said the respondent’s guidelines for doctors were discriminatory and failed to protect his . .
Cited – In re B (Consent to treatment: Capacity) FD 22-Mar-2002
The claimant had suffered catastrophic injuries, leaving her unable to breathe without artificial help. She eventually decided that she wanted to refuse treatment. The health authority took this as an indication of lack of capacity, and refused to . .
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
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 . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .

Lists of cited by and citing cases may be incomplete.

Local Government, Health

Updated: 26 January 2022; Ref: scu.221442

In re S (Adult patient) (Inherent jurisdiction: Family life); Sheffield City Council v S: FD 2002

A court could only grant an order permitting treatment despite the absence of an adult patient’s consent by virtue of the doctrine of necessity.
Munby J said: ‘in our multi-cultural and pluralistic society the family takes many forms . . The fact is that many adults and children, whether through choice or circumstance, live in families more or less removed from what until comparatively recently would have been recognised as the typical nuclear family. But – and this is the point – the family, whatever form it takes, is the bedrock of our society and the foundation of our way of life.’

Munby J
[2003] 1 FLR 292, [2002] EWHC 2278 (Fam)
England and Wales
Cited by:
Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Cited – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Cited – JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction) CoP 13-Dec-2013
Jurisdiction of the Court of Protection
PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An . .

Lists of cited by and citing cases may be incomplete.

Health, Family, Human Rights

Updated: 26 January 2022; Ref: scu.223065

Re O (A minor) (Medical Treatment): FD 12 Apr 1993

The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as Jehovah’s Witesses) that medical treatment by blood transfusion is forbidden by the Bible and is sinful, even if it is the only means of saving life.
Held: Wardship was refused. Johhnson J rejected the ‘specific issue’ route on the ground that the trial of an ‘issue’ arguably required the preliminary step of giving directions, and that in an emergency, an issue could not be determined on an ex parte basis.
Johnson J said: ‘Counsel submitted that it was wholly inappropriate for the court to make even an interim care order where the child’s parents were caring, committed and capable and only this one issue arose for decision, albeit one of the gravest significance. Reflecting on the statutory provisions, and in particular section 33 (of the Children Act 1989), I accept that joint submission.’

Johnson J
Ind Summary 12-Apr-1993, [1993] 2 FLR 149
Children Act 1989 33
England and Wales
Cited by:
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – LA v SB and Others CA 12-Jul-2010
The local authority had applied for a care order under the court’s inherent wardship jurisdiction in connection with a family where three children suffered a potentially life threatening disease, Rasmussens’s encephalitis. The parents were said to . .
Cited – In Re T (A Minor) (Wardship: Medical Treatment) CA 24-Oct-1996
A baby boy who was 18 months old, suffered from a life-threatening liver defect. His parents were health-care professionals experienced in the care of sick children. The unanimous medical view was that as soon as donor liver became available the . .
Cited – Camden London Borough Council v R (A Minor) (Blood Transfusion); in Re R (A Minor)(Blood Transfusion) FD 8-Jun-1993
Child A’s doctors considered that she would need treatment over the following two years and that this could involve the need for blood transfusions at any time. The parents were Jehovah’s Witnesses and refused consent.
Held: The order allowing . .

Lists of cited by and citing cases may be incomplete.

Children, Health, Ecclesiastical

Updated: 26 January 2022; Ref: scu.223026

August Wolff and Remedia v Commission: ECFI 20 Oct 2016

ECJ (Judgment) Medicines for human use – Article 31 of Directive 2001/83 / EC – Article 116 of Directive 2001/83 – Active substance estradiol – Commission decision ordering the Member States the withdrawal and modification of national authorizations to the market for topical drugs containing estradiol 0.01% by weight – burden of proof – Proportionality – Equal treatment

ECLI:EU:T:2016:623, [2016] EUECJ T-672/14
Bailii
European

Health

Updated: 24 January 2022; Ref: scu.570365

Human Genome Sciences Inc v Eli Lilly and Company: SC 2 Nov 2011

The court considered an appeal against the declaration of invalidity of a biomedical patent for a new human protein on the grounds that it was not susceptible of industrial application.
Held: The patentee’s appeal succeeded. The court had to apply the jurisprudence of the European Board. The Board’s approach applied principles under which the disclosure of the existence and structure of Neutrokine-a and its gene, and its membership of the TNF ligand superfamily should have been sufficient, taking into account the common general knowledge, to satisfy the requirements of Article 57, because all known members of the TNF ligand family were expressed on T-cells and were able to co-stimulate T-cell proliferation, and therefore Neutrokine-a would be expected to have a similar function. The judge had erred in requiring demonstration that a particular use existed rather than merely that it was usable for research work, which work under the Board’s principles would satisfy the requirement of article 57.

Lord Hope, Deputy President, Lord Walker, Lord Neuberger, Lord Clarke, Lord Collins
[2011] UKSC 51, UKSC 2010/0047, [2012] 1 All ER 1154, [2012] Bus LR D37, [2012] RPC 6
Bailii, Bailii Summary, SC, SC Summary
European Patent Convention 57
England and Wales
Citing:
At first instance – Eli Lilly and Company v Human Genome Sciences Inc PatC 31-Jul-2008
The claimant sought the revocation of the defendant’s European patent in respect of a nucleotide and amino acid sequence of a novel member of the TNF ligand superfamily which it called Neutrokine-a.
Held: The patent was invalid for lack of . .
See Also – Eli Lilly and Company v Human Genome Sciences, Inc PatC 17-Oct-2008
The parties discussed the costs order to be made after a challenge to a patent succeeded on some grounds but not on others. . .
Directions for appeal – Eli Lilly and Co v Human Genome Sciences CA 23-Feb-2009
The court considered directions for a forthcoming appeal, and in particular as to its date, where there were parallel revocation proceedings before the European Court. . .
Appeal from – Eli Lilly and Co v Human Genome Sciences Inc CA 9-Feb-2010
The appellant had had granted to it a patent for a new human protein, Neutrokine-a. It now appealed against revocation of the patent on the basis that as yet there was no possible industrial application within the Convention so as to allow . .
Cited – Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and others HL 9-Jul-2008
The respondents had applied for and obtained an order to revoke the appellant’s patent of a stent for obvousness. Though the parties had settled, the public law element required the intervention of the Comptroller General. The House was asked about . .
Cited – Generics (UK) Ltd and others v H Lundbeck A/S HL 25-Feb-2009
Patent properly granted
The House considered the patentability of a chemical product, citalopram made up of two enantiomers, as opposed to the process of its creation, questioning whether it could be new or was insufficient within the 1977 Act.
Held: The appeal . .
Cited – Aktiebolaget Hassle v Alphapharm Pty Ltd 12-Dec-2002
Austlii (High Court of Australia) Patents – Revocation – Obviousness or lack of inventive step – Patent for an oral pharmaceutical preparation – Whether invention obvious and did not involve an inventive step . .
Cited – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .

Cited by:
Cited – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Health

Updated: 23 January 2022; Ref: scu.448089

Re R: CoP 23 Jun 2016

The court was asked in respect of R by the London Borough of Haringey : ‘(a) whether he is free to leave his current supported living placement; and, not
(b) whether he is objectively being deprived of his liberty; an if he is:
(c) whether the deprivation of his liberty is imputable to the State, so as to bring it within Article 5 of the European Convention on Human Rights.’

Lush SJ
[2016] EWCOP 33
Bailii

Health, Human Rights

Updated: 21 January 2022; Ref: scu.568153

Re DB: CoP 17 Jun 2016

‘DB and EC are two men born and raised in Scotland. Each has a profound learning disability and complex behavioural problems. They have both been receiving treatment in the same specialist hospital in England for several years. Proceedings in respect of each man have now been started in the Court of Protection. A preliminary issue has arisen as to whether each man has acquired habitual residence in England so as to vest jurisdiction in the Court.’

Baker J
[2016] EWCOP 30
Bailii
England and Wales

Health, Jurisdiction

Updated: 21 January 2022; Ref: scu.568152

Ashingdane v The United Kingdom: ECHR 28 May 1985

The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of individuals’. There was no breach where a patient was detained in the high security conditions of Broadmoor for 18 months after the Home Secretary had acknowledged that his condition no longer warranted it, and he could be transferred to a local psychiatric unit. Article 5(1)(e) is not concerned with suitable treatment or conditions.
‘More generally, it follows from the very aim of article 5(1) that no detention that is arbitrary can ever be regarded as ‘lawful’. The court would further accept that there must be some relationship between the ground of permitted deprivation of liberty relied on and the place and conditions of detention.’

8225/78, (1985) 7 EHRR 528, [1985] ECHR 8, 14/1983/70/106
worldlii, Bailii
European Convention on Human Rights A6 A5(1)(e)
Human Rights
Citing:
Appeal from – Ashingdane v Department of Health and Social Security 1981
Mr Ashingdane was a Broadmoor patient who was deemed ready for transfer back into his local hospital, but was denied a bed there because the nurses’ trade union operated a ban on taking special hospital patients. He launched proceedings against the . .

Cited by:
Cited – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Cited – Woodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
Cited – 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 . .
Cited – Barry Young (Deceased) v Western Power Distribution (South West) Plc CA 18-Jul-2003
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His . .
Cited – Regina (Burgess) v Home Secretary 2000
The applicant challenged the refusal to move him to open conditions within the prison system.
Held: ‘Article 5(4) does not . . preclude the Secretary of State from taking a different view than the Discretionary Life Panel of the Parole Board . .
Cited – P, Regina (on the Application of) v Secretary of State for the Home Department Admn 11-Dec-2003
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.
Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Cited – Government of the United States of America v Barnette and another Admn 2002
The applicant sought to register, under the Act, an order against the funds of the defendant, who replied that the order sought to be registered had been obtained in a way which would infringe her human rights if obtained here. As a fugitive she had . .
Cited – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as . .
Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-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 . .
Cited – Raja v Van Hoogstraten and others ChD 12-Jun-2006
The claimant sought the strike out of the defendants pleadings. The first defendant was found to have been responsible for the killing of the deceased. The proceedings had been prolonged by procedural challenges by the defendant.
Held: The . .
Cited – K Ltd v National Westminster Bank Plc and others CA 19-Jul-2006
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs.
Held: The customer’s . .
Cited – 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 . .
Cited – In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption) CA 1-May-2008
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to . .
Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Cited – G v E and Others CA 16-Jul-2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .
Cited – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Cited – Re DE, JE v DE, Surrey County Council and EW FD 29-Dec-2006
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She . .
Cited – G v Scottish Ministers and Another SC 18-Dec-2013
The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Cited – Brown v The Parole Board for Scotland, The Scottish Ministers and Another SC 1-Nov-2017
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence . .
Cited – Secretary of State for Justice v MM SC 28-Nov-2018
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a . .
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Health, Prisons

Leading Case

Updated: 21 January 2022; Ref: scu.164941

Richards v Worcestershire County Council and Another: ChD 28 Jul 2016

Application for claim to be struck out.

Newey J
[2016] EWHC 1954 (Ch)
Bailii
Mental Health Act 1983 2 25A 117
England and Wales
Citing:
Cited – Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another Admn 15-Jun-2010
The claimant had been discharged from inpatient treatment under the 1983 Act, and now sought to oblige the respondent local authorities to provide the assistance he needed. . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government

Updated: 20 January 2022; Ref: scu.567847

Regina (S) v Mental Health Tribunal and Another: QBD 27 Nov 2002

The claimant complained that the status of the medical member in a mental health review tribunal was incompatible with his right to a fair trial. That member was obliged first to form an opinion of the patient’s condition, and then to adjudicate.
Held: The position of the medical member was peculiar and very sensitive. The guidance given to tribunal members emphasised the need for the medical member to keep an open mind. The position was analogous to a judge viewing the locus in quo in case. He would form his own opinion, but had to preserve his readiness to listen to the opinions of experts. There was no objection to the expression of a provisional opinion by a judge.

Stanley Burton J
Times 06-Dec-2002, Gazette 30-Jan-2003
European Convention on Human Rights
England and Wales
Citing:
Cited – DN v Switzerland ECHR 29-Mar-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings . .

Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 20 January 2022; Ref: scu.178351

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 1983
England and Wales

Children, Health

Updated: 18 January 2022; Ref: scu.566437

JR65, Re Judicial Review: CANI 16 Mar 2016

The appellant challenged the absolute prohibition within the province of the giving of blood by any male who had had sex with another male, saying that the ban was incompatible with European law.
Held: The request for review was refused, but the Minister was requested himself to review the policy in the light of developments since the policy was last considered.

Morgan LCJ
[2016] NICA 20
Bailii
Northern Ireland
Citing:
Appeal from – JR65, Re Judicial Review QBNI 11-Oct-2013
. .
Appeal from – JR65, Re Judicial Review QBNI 8-Jan-2015
. .

Cited by:
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .

Lists of cited by and citing cases may be incomplete.

Health, European

Updated: 18 January 2022; Ref: scu.565962

Cambridge University Hospitals NHS Foundation Trust v BF: CoP 18 May 2016

The Court was asked two questions. First, whether BF, a 36 year old lady with a diagnosis of paranoid schizophrenia, has the capacity to consent to or to refuse medical treatment for ovarian cancer, specifically a total abdominal hysterectomy (removal of the uterus and cervix) with bilateral salpingo-oopherectomy and omentectomy (removal of the ovaries and fallopian tubes), with a possible bowel resection and colostomy, general anaesthetic, sedation and ancillary treatment? Second, if BF does not have capacity in this regard, is it in her best interests to undergo such medical intervention such that the court should so declare?

MacDonald J
[2016] EWCOP 26
Bailii
England and Wales

Health

Updated: 16 January 2022; Ref: scu.564685

South Staffordshire and Shropshire Healthcare NHS Foundation Trust and Another v The Hospital Managers of St George’s Hospital and Another: Admn 20 May 2016

Application for judicial review of a decision by an independent panel (‘the Panel’) on 12 April 2016 to discharge the Interested Party, AU, from detention under the Mental Health Act 1983

Cranston J
[2016] EWHC 1196 (Admin)
Bailii
Mental Health Act 1983

Health

Updated: 16 January 2022; Ref: scu.564655

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 by the tribunal had been favourable to the applicant, and the appeal was dismissed.
Rix LJ said: ‘Although there remains a distinction in principle between the civil standard and the criminal standard, the practical application of the flexible approach demonstrated in the authorities means that they are likely in certain contexts to produce the same or similar results.’ and ‘Although there is a single standard of proof on the balance of probabilities, it is flexible in its application. In particular, the more serious the allegation or the more serious the consequences if the allegation is proved, the stronger must be the evidence before a court will find the allegation proved on the balance of probabilities. Thus the flexibility of the standard lies not in any adjustment to the degree of probability required for an allegation to be proved (such that a more serious allegation has to be proved to a higher degree of probability), but in the strength or quality of the evidence that will in practice be required for an allegation to be proved on the balance of probabilities.’

The Master of the Rolls Lord Justice Rix Lord Justice Richards
[2005] EWCA Civ 1605, Times 12-Jan-2006, [2006] 4 All ER 194, [2006] 2 WLR 850, [2006] QB 468, [2006] MHLR 59, (2006) 88 BMLR 59
Bailii
Mental Health Act 1983 37 41 73
England and Wales
Citing:
Cited – 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 . .
Cited – P, Regina (on the Application of) v Mental Health Review Tribunal for East Midlands and North East Regions CA 16-Apr-2002
The issue before the tribunal was whether the disorder, if established, had resulted in abnormally aggressive or seriously irresponsible conduct in the past and there was a real risk that, if treatment in hospital were discontinued, it would do so . .
Cited – 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 . .
Cited – 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. . .
Appeal from – 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 . .
Cited – Bater v Bater CA 1951
The wife petitioned for divorce, alleging cruelty.
Held: It had not been a misdirection for the petitioner to have to prove her case beyond reasonable doubt: ‘A high standard of proof’ was required because of the importance of such a case to . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Cited – Secretary of State for the Home Department v Rehman HL 11-Oct-2001
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both . .
Cited – B v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .
Cited – Hornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – 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 . .
Cited – In re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research ChD 1964
Husband and wife, having made mutual wills each leaving their estate to the other, had been found dead in their home from coal gas poisoning. The court asked what was required to displace the presumption that the husband, the older of the two, had . .
Cited – Blyth v Blyth HL 1966
The House was asked as to the standard of proof required to establish that adultery had been condoned under the subsection.
Held: Lord Denning said: ‘In short it comes to this: so far as the grounds for divorce are concerned, the case, like . .
Cited – 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 . .
Cited – In re Bramblevale Ltd 1970
For reasons of policy or pragmatism, the actual criminal standard of proof may be used in civil proceedings such as contempt of court. Contempt of court is a criminal offence. Accordingly, the burden of proving that the defendant is in contempt . .
Cited – Campbell v Hamlet (as executrix of Simon Alexander) PC 25-Apr-2005
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
Cited – Winterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
Cited – B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others Admn 8-Sep-2005
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard . .
Cited – HL v United Kingdom ECHR 2004
Patient’s lack of 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 . .
Cited – 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 . .
Cited – Regina v Lichniak HL 25-Nov-2002
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 . .
Cited – 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 . .
Cited – Hutchison Reid v The United Kingdom ECHR 20-Feb-2003
The applicant had been detained over many years after committing offences of a sexual and violent nature. After one release he reoffended and was re-detained after completing his sentence. He challenged the basis of his continued detention.
Cited – Edgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .

Cited by:
Cited – B and B v A County Council CA 21-Nov-2006
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that . .
Cited – 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, . .
Approved – In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D HL 11-Jun-2008
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls . .
Cited – Bento v The Chief Constable of Bedfordshire Police QBD 1-Jun-2012
The claimant had been convicted of the murder of his girlfriend. On his acquittal on appeal, the police criticised the CPS decision not to retry the claimant, in effect, the claimant now said, continuing the accusation against him, and so defaming . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Health, Litigation Practice

Leading Case

Updated: 16 January 2022; Ref: scu.236606

Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Consultation to be Early and Real Listening

The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of only ‘general’ rather than ‘specialist’ nursing services and that these should be purchased by the local authority rather than provided by the NHS. So the health authority decided to close the home and transfer their long-term care to the local authority.
The need for nursing care for a chronically sick person might be primarily a health or a social services need, and either a health authority or a social service authority might be responsible for the care provision, and if the local authority is responsible, then a charge might be made. However where the need of a patient was primarily for health care as such, it was wrong for the health authority to seek to transfer responsibility to the local authority.
The court set out three categories of legitimate expectation, including substantive entitlement, and procedural unfairness.
Lord Woolf MR said: ‘To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken . . It has to be remembered that consultation is not litigation: the consulting authority is not required to publicise every submission it receives or (absent some statutory obligation) to disclose all its advice. Its obligation is to let those who have a potential interest in the subject matter know in clear terms what the proposal is and exactly why it is under positive consideration, telling them enough (which may be a good deal) to enable them to make an intelligent response. The obligation, although it may be quite onerous, goes no further than this.’
Lord Woolf discussed the doctrine of legitimate expectation, saying: ‘the doctrine of legitimate expectation has emerged as a distinct application of the doctrine of abuse of power’, and ‘Legitimate expectation may play different parts in different aspects of public law. The limits to its role have yet to be finally determined by the courts . . And without injury to the Wednesbury doctrine it may furnish a proper basis for the application of the now established concept of abuse of power . . Once it is recognised that conduct which is an abuse of power is contrary to law its existence must be for the court to determine.’ and ‘it is for the court to say whether the consequent frustration of the individual’s expectation is so unfair as to be a misuse of the authority’s power.’
and ‘Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that . . the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy.’

Lord Woolf MR
Times 20-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1870, [1999] EWCA Civ 1871, [2001] 1 QB 213, [1999] Lloyds LR 305, (2000) 51 BMLR 1, (1999) 2 CCL Rep 285, [2000] 3 All ER 850, (2000) 2 LGLR 1, [1999] BLGR 703, [2000] 2 WLR 622, [1999] Lloyd’s Rep Med 306
Bailii, Bailii
National Health Service Act 1977
England and Wales
Citing:
Appeal from – Regina v North and East Devon Health Authority ex parte Coughlan Admn 11-Dec-1998
There had been no transfer to Social Service Authorities of the Health Services’ statutory duty to provide specialist nursing and related care to the elderly, and having made a promise to provide a home for life, the Health Authority would be held . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .

Cited by:
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Sporting Options Plc, Regina (on the Application Of) v Horserace Betting Levy Board Admn 31-Jul-2003
The claimant sought judicial review of the rate of levy set by the respondent, saying that they operated a new kind of system which was treated unfairly.
Held: The procedure followed in settling the levy was unsatisfactory. The claimant would . .
Cited – I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
Cited – Watts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003
The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced . .
Cited – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Capenhurst and Others, Regina (on the Application Of) v Leicester City Council Admn 15-Sep-2004
The applicants, representatives of voluntary organisations, challenged decisions of the local authority to withdraw their funding, saying the decision making process had been unfair.
Held: Even if it was not bound to consult, if the authority . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others Admn 25-Jan-2006
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care.
Cited – Rogers, Regina (on the Application of) v Secretary of State for Health Admn 15-Feb-2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was . .
Cited – Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council Admn 21-Sep-2006
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed . .
Cited – Eisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Green, Regina (on the Application of) v South West Strategic Health Authority Admn 28-Oct-2008
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines.
Held: In . .
Cited – Oxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
Cited – Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
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 . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Cited – Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
Cited – Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
Cited – Badger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Cited – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Cited – Gallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Health, Local Government, Administrative

Leading Case

Updated: 16 January 2022; Ref: scu.146786

PB v RB and Another: CoP 26 Feb 2016

The case concerns the welfare of RB, a 74 year old woman who has dementia. At the present time she lives in a residential care home referred to as E Care Home. The primary issue is whether it is in RB’s best interests to remain at E Care Home or to return to her home at R Close.

Eldergill DJ
[2016] EWHC COP 12
Bailii
England and Wales

Health

Updated: 14 January 2022; Ref: scu.562605

AK, (A Child), Regina (on The Application of) v The London Borough of Islington and Another: Admn 16 Feb 2021

Claim by AK against the London Borough of Islington (Children Services Department) and the North Central London Clinical Commissioning Group alleging that the defendants failed to adequately assess and plan for her needs following her discharge from hospital pursuant to s.117 of the Mental Health Act 1983

His Honour Judge Lickley QC Sitting as a Deputy Judge of the High Court
[2021] EWHC 301 (Admin)
Bailii
England and Wales

Local Government, Health

Updated: 13 January 2022; Ref: scu.658622

AB v CD and Others: FD 26 Mar 2021

Application by AB, the mother of XY, for a declaration that she and CD (the father of XY) have the ability in law to consent on behalf of XY to the administration of hormone treatment to suppress puberty, known as puberty blockers – whether XY’s parents can consent to the treatment or whether the decision as to whether XY should be prescribed PBs should come before the Court, either as a matter of legal requirement or as a matter of good practice.

Mrs Justice Lieven
[2021] EWHC 741 (Fam)
Bailii
England and Wales

Children, Health

Updated: 13 January 2022; Ref: scu.663785

Teva Pharma And Teva Pharmaceuticals Europe v EMA: ECJ 3 Mar 2016

(Judgment) Appeal – Orphan medicinal products – Regulation (EC) No 141/2000 – Regulation (EC) No 847/2000 – Refusal to grant marketing authorisation for the generic version of the orphan medicinal product ‘imatinib mesylate’

C-138/15, [2016] EUECJ C-138/15
Bailii
Regulation (EC) No 141/2000, Regulation (EC) No 847/2000
European

Health

Updated: 12 January 2022; Ref: scu.560968

Aerts v Belgium: ECHR 30 Jul 1998

A person detained as a person of unsound mind should not be kept in a prison, but if the institution concerned is within the appropriate category, there is no breach of Article 5. While measures depriving a person of his liberty often involve an element of suffering or humiliation, it cannot be said that detention in a high security prison facility, be it on remand or following a criminal conviction, in itself raises an issue under Article 3 of the Convention. The Court’s task is limited to examining the personal situation of the applicant who has been affected by the regime concerned (Article 3).

25357/94, (1998) 29 EHRR 50, [1998] ECHR 64
Worldlii, Bailii
European Convention on Human Rights 3 5-1 5-4 6-1
Human Rights
Cited by:
Cited – 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 . .
Cited – Lorse and Others v The Netherlands ECHR 4-Feb-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 . .
Cited – 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 . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – B, Regina (on the Application of) v Ashworth Hospital Authority HL 17-Mar-2005
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-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 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Health, Prisons

Updated: 10 January 2022; Ref: scu.165642

Re AB (Childhood Vaccination): FD 30 Apr 2021

The local authority proposed that AB, a child in care, have vaccinations in accordance with the Public Health England/NHS guidelines. The mother and father opposed this. The mother has made an application dated 20 November 2020 (F162) in respect of AB’s vaccinations, which was before the court at the hearing on 21 December 2020 and was adjourned (F174). The issue of AB’s vaccinations was to be considered at the ICO discharge hearing on 16 and 17 February 2021 but that did not go ahead due to the emergence of further allegations about the conduct of the parents from one of the children.

Mr Justice Williams
[2021] EWHC 1581 (Fam)
Bailii
England and Wales

Children, Health

Updated: 10 January 2022; Ref: scu.663796

University Hospitals of North Midlands NHS Trust v AS and Others (Serious Medical Treatment): FD 27 Oct 2021

i. What treatment is in AS’s best interests (and specifically as to whether the Trust’s proposed care plan (with ceilings of treatment) is in her best interests?
ii. Whether a reporting restrictions order in the terms sought by the applicant should be granted, to prevent the identification of her treating clinicians?

The Honourable Mr Justice Hayden,
Vice President of the Court of Protection
[2021] EWHC 2927 (Fam)
Bailii
England and Wales

Children, Health, Media

Updated: 09 January 2022; Ref: scu.669918

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2).
Held: The appeal failed. In considering the effect of non-compliance with such a section: ‘the all important consideration is the particular provision under consideration. In my judgment failure to obtain the necessary consent before the proceedings are begun renders the proceedings a nullity. I have been driven to this conclusion primarily by the structure of the section and the fact that it applies to both civil and criminal proceedings. ‘

Clarke, Scott Baker LJJ, Ouseley J
[2005] EWCA Civ 586, [2005] 1 WLR 3183
Bailii
Mental Health Act 1983 139(2)
England and Wales
Citing:
Cited – Rendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .
Cited – In re Saunders (A Bankrupt) ChD 1997
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had . .
Cited – Pountney v Griffiths; Regina v Bracknell Justices, Ex parte Griffiths HL 1976
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
Cited – Pountney v Griffiths QBD 1975
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 . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.

Health, Torts – Other

Updated: 08 January 2022; Ref: scu.225231

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 26 May 2015

ICO The complainant has requested information relating to the number of hip replacements done by individual surgeons and the types of prostheses used. The Commissioner’s decision is that NHS England has correctly withheld the names of the surgeons linked to their performance data by virtue of section 40(2). The complainant also disputed whether all the information had been correctly identified and all the links to where this information could be found provided to him. The Commissioner is satisfied that NHS England did correctly apply section 21 and that no further information is held that falls within the scope of the request other than that withheld under section 40. The Commissioner does not require the public authority to take any steps as a result of this decision notice.
FOI 21: Not upheld FOI 40: Not upheld

[2015] UKICO FS50563209
Bailii
Freedom of Information Act 2000
England and Wales

Information, Health

Updated: 06 January 2022; Ref: scu.555416