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: 1994 To: 1994
This page lists 12 cases, and was prepared on 27 May 2018.
Re C (Adult: Refusal of Treatment); FD 1994 - [1994] 1 WLR 290; [1994] 1 All ER 819
Peters v Netherlands 77A DR 75 (1994)
1994
ECHR
Human Rights, Health
The court considered the right not to be subjected to compulsory medical interference.
European Convention on Human Rights
1 Citers
Frenchay Healthcare NHS Trust v S Times, 19 January 1994
19 Jan 1994
CA
Health
Procedures for emergency applications to authorise cessation of medical care.
Regina v Cannons Park Mental Health Review Tribunal, Ex Parte A Gazette, 08 June 1994; Gazette, 30 March 1994; Times, 02 March 1994
2 Mar 1994
CA
Health
It was not unlawful for a patient to be detained for treatment, even though he was untreatable, and unwilling to be treated. A Mental Health tribunal appeal was to be allowed where patient was re-admitted.
Mental Health Act 1983 72(1)(b)
1 Cites
Practice Direction: Orders for Settlement of Personal Injury Awards to Patients Gazette, 08 June 1994
8 Jun 1994
QBD
Health
Means of approval of settlements of PI awards to mental health patients.
Mental Health Act 1983 96(1)(d)
A (Supported by Union Syndicate) v Commission of European Communities; ECJ 30-Jun-1994 - Times, 30 June 1994; [1994] EUECJ T-10/93; T-10/93
Regina v Warlingham Park Hospital Managers Ex Parte B Ind Summary, 25 July 1994
25 Jul 1994
CA
Health
Time period applies to assessment and report, not communication to patient.
Mental Health Act 1984 20-3, 20-4
Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey Times, 29 July 1994; [1995] QB 43; [1995] 1 WLR 734
29 Jul 1994
CA
Simon Brown LJ
Health, Prisons
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction directions given by the Home Secretary under sections 47 and 49 respectively. "I [do not] see anything unjust or illogical in two separate codes existing which cannot be triggered simultaneously, but each of which at an appropriate time, depending on the circumstances, can be triggered so as to achieve a judicial hearing. " The Home Secretary's powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice.
Criminal Justice Act 1991 31 Sch 12 9(3) - Mental Health Act 1983 47 49
1 Cites
1 Citers
Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin Gazette, 19 October 1994; Independent, 07 September 1994; Times, 16 August 1994; [1995] 1 All ER 357
7 Sep 1994
CA
Health Professions, Health, Information
A doctor may deny a patient access to his health records if it is in the patient's best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective.
Access to Health Records Act 1990
1 Cites
1 Citers
Secretary of State for the Home Department v Robb Times, 21 October 1994; Ind Summary, 10 October 1994
10 Oct 1994
FD
Human Rights, Prisons, Health
A prisoner of sound mind has the same right to carry on a hunger strike to death, as anyone else. The fact of his imprisonment could not displace that right.
Regina v North Yorkshire County Council Ex Parte Hargreaves Times, 09 November 1994
9 Nov 1994
QBD
Health
Both the patient and the carer were to be consulted on which place of respite care was to be offered.
1 Citers
B v Croydon Health Authority Times, 01 December 1994; Independent, 30 November 1994; [1995] Fam 133
30 Nov 1994
CA
Health
The feeding by tube of a mental patient who was unable and unwilling to consent can remain treatment, and within the decision of the doctors. In the context of whether the force-feeding an anorexic was authorised by section 63, the Court of Appeal held that treatment falling within the definition in section 145(1) was 'treatment for the mental disorder from which he is suffering' even if addressing its symptoms or ancillary to trying to address the underlying disorder.
Mental Health Act 1980 63
1 Citers