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: 1996 To: 1996
This page lists 14 cases, and was prepared on 27 May 2018.
Norfolk and Norwich Healthcare (NHS) Trust v W; 1996 - [1996] 2 FLR 613
Re B (Parentage) [1996] 2 FLR 15
1996
FD
Bracewell J
Children, Health, Child Support
A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the sperm, by the time the insemination took place he had parted from the mother and was at that stage not asked to consent to the actual insemination. Held: The court considered the effect of the provisions of paragraph the 1990 Act with regard to "receiving treatment services together." On the facts the "father" had gone to the hospital for the beginning of the procedure together with the mother and it was part of a plan in which they were both willing and anxious to produce a child with the father's sperm. Although the father's relationship with the mother had ended by the time the actual insemination was carried out, he was a willing consenting party to the treatment which they had commenced together when the sperm sample was taken and he had not subsequently withdrawn his deemed consent. The exception to the requirement for written consent applied.
Human Fertilisation and Embryology Act 1990 Sch3 5(3) - Children Act 1989 Sch 1
1 Citers
Tameside and Glossop Acute Services Trust v Ch Ind Summary, 26 February 1996
26 Feb 1996
FD
Health
It can be lawful to restrain a mental health patient mother while she was giving birth.
Rixon, Regina (on The Application of) v London Borough of Islington [1996] EWHC 399 (Admin); (1996) 32 BMLR 136; (1997-98) 1 CCL Rep 119; [1997] ELR 66
15 Mar 1996
Admn
Sedley J
Health, Local Government
"This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant, Jonathan Rixon, who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He suffers from severe deformities of the chest and spine, a hiatus hernia and a permanent digestive disorder. His size and weight are those of a small child, but his helplessness and dependency are those of a baby. He is reliant on the devoted care of his mother and of others who assist her."
[ Bailii ]
Law Hospital NHS Trust v Lord Advocate and Another Times, 20 May 1996; 1996 SC 301
20 May 1996
IHCS
The Lord President, Lord Hope
Health, Scotland
The patient suffered from irreversible damage to the cerebral cortex and fell into a persistent vegetative state in 1992. Permanently insensate, she remained alive only because feeding and hydration were provided to her artificially and because of the nursing care she received in a hospital. Medical experts said her case was useless and that there were no useful avenues of treatment to explore. The patient was unable to consent to treatment ceasing and her family agreed with the experts that the treatment should stop. The hospital raised an action, concluding for declarator that the proposed course of terminating nutrition and hydration and all other life sustaining treatment to the patient would not be unlawful. Held: Treatment of an insensate patient may be withdrawn where it was not in the patient's interests. Lord Hope: "It may be helpful if I were to describe at the outset what I consider to be the function of the Court in a case of this kind. It belongs to a group of cases which have been recurring with increasing frequency in recent years where the courts are being asked to give their authority to actions to be taken by medical practitioners which raise acute questions of moral or ethical principle. Medical science has now advanced to such a degree that many techniques are now possible which only a generation ago would have been unthinkable. The ability to prolong life by artificial means has reached such a stage that it is possible to nourish the body and preserve it from disease so that life in the clinical sense may be continued indefinitely. Invasive techniques such as those of sterilisation are also possible without the slightest risk of any other physical injury than that which is to be inflicted deliberately. Where the patient is of full age and capable of understanding and consenting to the procedures which on medical advice are for his or her benefit, or decides to refuse medical treatment, the right of self determination provides the solution to all problems, at least so far as the court is concerned. It is not in doubt that a medical practitioner who acts or omits to act with the consent of his patient requires no sanction or other authority from the court. The patient's consent renders lawful that which would otherwise be unlawful. It is not for the court to substitute its own views as to what may or may not be in the patient's best interests for the decision of the patient, if of full age and capacity."
1 Citers
Regina v Royal County of Berkshire ex parte P Times, 15 August 1996; [1996] EWHC Admin 25; (1998) 1 CCL Rep 141; [1997] COD 64; (1997) 33 BMLR 71; (1997-98) 1 CCL Rep 141
9 Jul 1996
Admn
Health
An assessment for community care need not to be set according to the services available.
National Health Service and Community Care Act 1990 47(1)
[ Bailii ]
Regina v Gloucestershire County Council Ex Parte Mahfood; Same v Same Ex Parte Barry Etc Gazette, 02 August 1996
2 Aug 1996
QBD
Local Government, Health
Local Authority may allow for finances in deciding on care but must look to individual case.
Chronically Sick and Disabled Persons Act 1970 2(1)
1 Cites
1 Citers
Regina v North West London Mental Health NHS Trust Ex parte Stewart Times, 15 August 1996
15 Aug 1996
QBD
Health
A conditionally discharged but restricted patient may still be detained under the section.
Mental Health Act 1983 3
Regina v Gloucester County Council and Another Ex Parte Barry; Regina v Lancashire County Council Ex Parte RADR and Another Gazette, 12 September 1996
12 Sep 1996
CA
Health
Local Authority is not able to take account of its resources in deciding whether to meet particular kinds of need.
Chronically Sick and Disabled Persons Act 1970 2(1)
Regina v Human Fertilisation and Embryology Authority ex parte DB; Admn 17-Oct-1996 - Gazette, 30 October 1996; Times, 18 October 1996; [1996] EWHC Admin 122
In re T (a Minor); CA 24-Oct-1996 - [1997] 1 WLR 242; [1996] EWCA Civ 805
In Re T (A Minor) (Wardship: Medical Treatment); CA 24-Oct-1996 - Times, 28 October 1996; Gazette, 13 November 1996; [1997] 1 FLR 502; [1997] 1 WLR 242; [1997] 8 Med LR 166; (1997) 35 BMLR 63; [1997] 1 All ER 906; [1997] 2 FCR 363
Regina v London Borough of Sutton ex parte Tucker [1996] EWHC Admin 167
29 Oct 1996
Admn
Health, Local Government
[ Bailii ]
Regina v Mental Health Review Tribunal Manager Tuke Ward, Honerton Hospital ex parte Kalibala [1996] EWHC Admin 201
6 Nov 1996
Admn
Health
[ Bailii ]
