swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health - From: 1960 To: 1969
This page lists 3 cases, and was prepared on 27 May 2018.
In Re CAF Unreported, 1962
1962
Wilberforce J
Health
When considering a person's capacity to manage and administer his property and affairs, it is necessary to have regard to the complexity and importance of that person's property and affairs.
1 Citers
Pfizer Corporation v Ministry of Health [1964] Ch 614
1964
CA
Lord Justice Diplock, Willmer LJ
Administrative, Health
Lord Justice Diplock said: "The duty to provide hospital and specialist services is imposed upon the Minister. It is in its nature a duty which he can only perform vicariously through agents acting on his behalf. The Act requires him to do so through the immediate agency of the Regional Hospital Boards. The Regional Hospital Boards, being corporations, can themselves only do the physical acts involved in the provision of the services on behalf of the Minister, vicariously through their offices and servants. Any act done by an officer or servant of a Regional Hospital Board for the purpose of providing hospital or specialist services is accordingly done on behalf of the Minister in performance of the statutory duty which is imposed upon him. Their acts are acts of a government department."
Willmer LJ said that in mid-Victorian times the treatment of patients in hospitals would have been regarded as 'something quite foreign to the functions of government' but there there has been, since those times: "a revolution in political thought and a totally different conception prevails today as to what is and what is not within the functions of Government".
1 Citers
In re DML [1965] Ch 1133
1965
Trusts, Health
1 Citers
