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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: 1998 To: 1998

This page lists 40 cases, and was prepared on 27 May 2018.


 
 Regina v Gloucestershire County Council ex parte Radar; Admn 1998 - [1998] 1 CCLR 477
 
Regina v Franey (ex parte Warren J) [1998] EWHC Admin 28
19 Jan 1998
Admn

Health, Crime

Mental Health Act 1983 12(2)
[ Bailii ]

 
 Hutchison Reid v Secretary Of State For Scotland and Another; HL 5-Feb-1998 - Times, 07 December 1998; Gazette, 27 January 1999; [1998] UKHL 43; [1999] 2 AC 512; [1999] 2 WLR 28; [1999] 1 All ER 481
 
Regina v Broadmoor Special Hospital Authority and Secretary of State for Department of Health ex parte S, H and D (2) Gazette, 26 February 1998; Times, 17 February 1998; [1998] EWCA Civ 160
5 Feb 1998
CA
Auld LJ
Health
Persons detained under Mental Health Acts could be subject to random non-consensual searches even if this went against medical opinion. The power to seclude a patient within the hospital is implied from the power to detain as a "necessary ingredient flowing from a power of detention for treatment."
Mental Health Act 1983
1 Cites

1 Citers

[ Bailii ]

 
 Hammond v West Lancashire Health Authority; CA 13-Feb-1998 - Gazette, 08 April 1998; Times, 05 March 1998; [1998] EWCA Civ 238
 
Ewing v Bennett [1998] EWCA Civ 342
25 Feb 1998
CA
Lord Justice Hirst Lord Justice Ward Lord Justice Chadwick
Wills and Probate, Health
The claimant appealed admission to probate of the will of the deceased, arguing that she had not had testamentary capacity when it was made. Held: There was evidence of the beginnings of dementia, but at the tme when she had made the will, the solicitor had twice seen her alone to check his instructions and had confirmed her capacity. The judge had correctly applied the law, and this was in essence an appeal on the facts.
1 Cites

[ Bailii ]

 
 Regina v Atie; CACD 23-Apr-1998 - [1998] EWCA Crim 1280
 
Regina v Riverside Mental Health Trust ex parte Gary Charles Alfred Huzzey [1998] EWHC Admin 465; [1998] 43 BLMR 167
29 Apr 1998
Admn

Health

[ Bailii ]
 
In the Matter of Julie John and In the Matter of an Application for a Writ of Habeas Corpus and Subjiciendum [1998] EWHC Admin 472
30 Apr 1998
Admn

Health

Mental Health Act of 1983 2
[ Bailii ]
 
Regina v Medicines Control Agency ex parte Rhone-Poulenc Rorer Limited v May and Baker Limited [1998] EWHC Admin 478
1 May 1998
Admn
Latham J
Health, Licensing

[ Bailii ]
 
United Kingdom v Commission Times, 06 May 1998; C-180/96; [1996] EUECJ C-180/96R
5 May 1998
ECJ

European, Agriculture, Health, Animals
ECJ Order - 1. It is open to the Court hearing an application for interim relief to order the suspension of the operation of an act, or other interim measures, if it is established that such an order is justified, prima facie, in fact and in law and that it is urgent in so far as it must, in order to avoid serious and irreparable damage to the applicant' s interests, be made and produce its effects before a decision is reached in the main action. The Court is also to balance the interests at stake. Suspension and other measures granted under Article 186 of the Treaty must, moreover, be provisional inasmuch as they must not prejudge the points of law or fact in issue or neutralize in advance the effects of the decision subsequently to be given in the main action.
In the context of that overall examination, the Court hearing the application enjoys a broad discretion and is free to determine, having regard to the particular circumstances of the case, the manner and order in which those various conditions are to be examined, there being no rule of Community law imposing a preestablished scheme of analysis by reference to which the need to order interim measures must be assessed.
2. The urgency of an interim measure must be considered by reference to whether it is necessary to make a provisional ruling in order to avoid the occurrence of serious and irreparable harm as a result of immediate application of the measure contested in the main action. As regards the nature of the harm which may be invoked, it must be noted that the Member States are responsible for those interests, in particular of an economic and social nature, which are regarded as general interests at national level and are thereby entitled to defend such interests before the courts. They may therefore invoke damage affecting a whole sector of their economy, in particular when the contested Community measure may entail unfavourable repercussions on the level of employment and the cost of living.
3. Where an applicant seeking suspension of operation of a measure invokes the risk of its suffering serious and irreparable harm, the Court hearing the application must determine, when balancing the interests at stake, whether the possible annulment of the contested decision by the Court seised of the main action would allow the situation brought about by its immediate implementation to be reversed and, conversely, whether suspension of the operation of that decision would be such as to prevent its being fully effective in the event of the main application being dismissed.
4. An application by the United Kingdom for suspension of the operation of Commission Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy or even of part of it, or for interim measures qualifying its application, cannot be granted. Whilst some of the pleas in law put forward by the Member State contesting the lawfulness of that decision cannot be wholly ruled out at the stage of examination of the interim application, the Commission has none the less presented serious arguments as to the lawfulness of its decision as a whole. Furthermore, the balancing of the interests at stake inevitably leads to recognition that the protection of public health against a fatal risk, which can in no way be ruled out in the present state of scientific knowledge, must take precedence over the economic and social damage which the Member State may invoke as being likely to result from the application of the said decision, even if that damage is not easily reparable.
Europa In order for an act of the Council or the Commission to form the subject-matter of an action for annulment, it must be intended to have legal effects. That is not the position in the case of an act of the Commission which reflects its intention, or that of one of its departments, to follow a particular line of conduct or which merely confirms a previous act in such a way that annulment of the confirmatory act would follow from annulment of the previous act.
In adopting Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy, which imposes, on a temporary basis, a total ban on exports of bovine animals, bovine meat and derived products from the territory of the United Kingdom to the other Member States and to third countries, the Commission acted within the framework of the powers conferred on it by Directives 90/425 and 89/662 concerning veterinary and zootechnical checks applicable in intra-Community trade. First, the conditions governing the adoption of safeguard measures in accordance with those two directives were fulfilled, particularly since the power to adopt such measures is justified by the fact that a zoonosis, disease or other cause is likely to constitute a serious hazard. Second, having regard, in particular, to the fact that the directives are drafted in very wide terms, without imposing any restrictions as to the temporal or territorial scope of the measures concerned, it does not appear that the Commission clearly exceeded the bounds of its broad discretion in seeking to contain the disease within the territory of the United Kingdom by banning exports from that territory to other Member States and to third countries. Lastly, the decision is not vitiated by misuse of powers, since the Commission was prompted to act by concerns as to the risk of transmissibility of bovine spongiform encephalopathy to humans, after examining the measures adopted by the United Kingdom and consulting the Scientific Veterinary Committee and the Standing Veterinary Committee, its exclusive or main purpose not being to protect economic interests rather than health.
Decision 96/239 on emergency measures to protect against bovine spongiform encephalopathy, which imposes, on a temporary basis, a total ban on exports of bovine animals, bovine meat and derived products from the territory of the United Kingdom to the other Member States and to third countries, fulfils the requirement to provide a statement of reasons, does not breach the principles of proportionality, non-discrimination or legal certainty and is in accordance with the objectives of the common agricultural policy set out in Article 39(1) of the Treaty. As regards, more particularly, the principle of proportionality, it was open to the Commission, in view of the great uncertainty as to the risks posed by the animals and products concerned, to take the protective measures in issue without having to wait until the reality and seriousness of those risks became fully apparent. As regards the principle of non-discrimination laid down in the second subparagraph of Article 40(3) of the Treaty, the fact that, at the time of adoption of the decision, almost all the cases of bovine spongiform encephalopathy in Europe were recorded in the United Kingdom meant that the situation in that Member State could not be regarded as comparable with that in the other Member States.
Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty. In that connection, and having regard to the importance of the role played by the free movement of animals, animal products and products of animal origin in achieving those objectives, Article 43 constituted the appropriate legal basis for the adoption of Directives 90/425 and 89/662 concerning veterinary and zootechnical checks applicable in intra-Community trade, even though those directives authorise the Commission incidentally to adopt safeguard measures covering `products of animal origin', `products derived from those products' and `products derived' from animals which are not included in Annex II to the Treaty.
EC Treaty 185 186
1 Cites

1 Citers

[ Bailii ]
 
Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Healthcare NHS Trust ex parte S Times, 08 May 1998; Gazette, 03 June 1998; [1998] EWHC Admin 490
7 May 1998
Admn

Health
The authority obtained an ex parte order allowing it to give treatment in the form of a medically assisted birth, to the claimant against her will.
Mental Health Act 1983 2
1 Cites

[ Bailii ]

 
 St George's Healthcare National Health Service Trust v S, Regina v Collins and Others ex parte S; CA 8-May-1998 - [1998] 2 WLR 936
 
Regina v Mental Health Act Commission ex parte Smith Times, 18 May 1998; [1998] EWHC Admin 524
11 May 1998
Admn

Health, Jury
The Commission had power to hear a complaint about treatment since the power to detain also carried the power to treat, and a complaint about one part carried a power to complain about the rest.
Mental Health Act 1983 120(b)(ii)
[ Bailii ]
 
Regina v Calder Magistrates Court ex parte Paul Leslie Grant [1998] EWHC Admin 516
11 May 1998
Admn
Richards J
Health, Criminal Practice

Mental Health Act 1983 35
[ Bailii ]
 
Regina v Secretary of State for the Home Department ex parte Harry Times, 15 May 1998
15 May 1998
QBD

Health
Home Secretary had the duty to make decision on release of mental patient and had no duty to follow recommendation of the tribunal but must act fairly and disclose what was happening.
Mental Health Review Tribunal Rules 1983 (1983 No 942)

 
Regina v Riverside Mental Health Trust ex parte Huzzey Times, 18 May 1998
18 May 1998
QBD

Health
Managers considering an application by relatives for discharge of patient were not bound by the doctor's report, but could go outside the criteria set out in the section to see whether it was safe to release the patient.
Mental Health Act 1983 3

 
Yale v South Lanarkshire Council Times, 18 May 1998
18 May 1998
OHCS

Benefits, Health, Local Government, Scotland
When assessing capital for purposes of providing long term care in residential or Nursing home, a local authority may include notional capital of home given away more than six months previously, in this case in return for a life interest.
National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25


 
 Regina v Secretary of State for the Home Department Ex Parte Harry; QBD 3-Jun-1998 - Gazette, 03 June 1998
 
Regina v Medicines Control Agency ex parte Pharma Nord Ltd Times, 10 June 1998; [1998] EWCA Civ 891
10 Jun 1998
CA
Woolf MR, Morritt, Robert Walker LJJ
Health, Licensing
Once the Medicines Control Agency has decided that a product is a medicinal product and licensable as such, the courts should not seek to substitute their own judgment. Residuary discretion for declaration not used.
Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)
1 Cites

[ Bailii ]

 
 In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L; HL 25-Jun-1998 - Gazette, 22 July 1998; Times, 30 June 1998; [1998] UKHL 24; [1998] Fam Law 592; [1999] AC 458; [1998] 3 All ER 289; [1998] 3 WLR 107; [1998] 2 FLR 550; [1998] 2 FCR 501
 
Regina v Powys County Council ex parte Jenny Diane Hambridge Times, 20 July 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1143; [1998] 1 CCLR 458
2 Jul 1998
CA

Health, Benefits, Local Government
Statutory extensions of the council's duty to provide new kinds of care, did not take away the authority's power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a number of listed enactments, and it also applies to services provided under the 1970 Act even though the 1970 Act is not specifically listed.
Health and Social Services and Social Security Adjudications Act 1983 - Chronically Sick and Disabled Persons Act 1970
1 Citers

[ Bailii ]
 
Regina v Secretary of State for Health; Scientific Committee for Tobacco and Health ex parte Imperial Tobacco Limited and Others [1998] EWHC Admin 712
6 Jul 1998
Admn

European, Media, Health

1 Citers


 
In the Matter of Mary Elisabeth Briscoe and In the Matter of an Application for Habeas Corpus Ad Subjiciendum [1998] EWHC Admin 771
22 Jul 1998
Admn

Health

Mental Health Act 1983 11(4)
[ Bailii ]
 
Regina v Kingston Crown Court ex parte David John Mason [1998] EWHC Admin 786
27 Jul 1998
Admn

Criminal Practice, Health
Challenge to restriction order made in defendant's absence.
Mental Health Act 1983 51(5)
[ Bailii ]
 
Unigreg Ltd v Commissioners of Customs and Excise Times, 27 July 1998
27 Jul 1998
QBD

Health
A capsule which contained minerals and vitamins only was to be classified as a food preparation and not a medicine and so was exigible for VAT. No identifiable medicinal use.
EC Regulation 2658/87 Combined Nomenclature of the Common Customs Tarriff

 
Regina v Newham Borough Council ex parte C [1998] EWHC Admin 796
29 Jul 1998
Admn

Health, Benefits

National Assistance Act 1948 21
[ Bailii ]

 
 Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) Dr Taylor; CA 30-Jul-1998 - [1999] 1 FLR 106; [1998] EWCA Civ 1347
 
Aerts v Belgium 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; [1998] ECHR 64
30 Jul 1998
ECHR

Human Rights, Health, Prisons
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).
European Convention on Human Rights 3 5-1 5-4 6-1
1 Citers

[ Bailii ] - [ Bailii ]

 
 St George's Healthcare National Health Service Trust v S (No 2); Regina v Collins and Others ex parte S (No 2); CA 3-Aug-1998 - Times, 03 August 1998; [1998] EWCA Civ 1349; [1999] Fam 26
 
Regina v Mental Health Review Tribunal for South Thames Region ex parte Anthony David Smith Times, 09 December 1998; [1998] EWHC Admin 832
4 Aug 1998
Admn

Health
When assessing the release of a detained patient the tribunal must look at the 'nature or degree' of the illness disjunctively and not conjunctively. A person subject to a serious illness but without current symptoms might still be detained.
Mental Health Act 1983 72(1)(b)(I)
[ Bailii ]

 
 Optident Ltd and Another v Secretary of State and Industry and Another; QBD 9-Oct-1998 - Times, 09 October 1998
 
Broadmoor Hospital Authority v Robinson Times, 15 October 1998
12 Oct 1998
QBD
Poole J
Health
A secure hospital's right to prevent a package or letter being sent out by a patient did not extend to allowing a restriction on publication or recovery of a book manuscript once it had already left the hospital.
Mental Health Act 1983 134
1 Cites

1 Citers


 
In Re Barker; Regina v Bhb Community Healthcare NHS Trust and Another, Ex Parte Barker Times, 14 October 1998
14 Oct 1998
CA

Health
A mental patient's detention under s 3 should not be renewed under s 20 when she was absent from the hospital on home leave. Judicial review is to be preferred to habeas corpus as a means of seeking remedies in these situations.
Mental Health Act 1983 3, 20

 
Mayor, Aldermen and Burgesses of London Borough of Barnet v Tania Robin [1998] EWCA Civ 1630
28 Oct 1998
CA

Health

Mental Health Act 1983 83
[ Bailii ]

 
 Krol v Craig; HL 29-Oct-1998 - [1998] UKHL 44
 
Regina v Anglia and Oxfordshire Mental Health Review Tribunal ex parte Christopher Hagan [1998] EWHC Admin 1113
2 Dec 1998
Admn

Health

[ Bailii ]

 
 K (A Patient) v Craig; HL 3-Dec-1998 - Times, 07 December 1998; [1998] UKHL 54; 1999 SCLR 67; 1999 SLT 219; 1998 GWD 40-2074; 1999 SC (HL) 1

 
 Regina v North and East Devon Health Authority ex parte Coughlan; Admn 11-Dec-1998 - Times, 29 December 1998; [1998] EWHC Admin 1134
 
Regina v Secretary of State for Health and Social Security and Secretary of State for Trade and Industry ex parte Imperial Tobacco Limited [1998] EWHC Admin 1139; [1998] EWHC Admin 1140
16 Dec 1998
Admn

European, Media, Health

[ Bailii ] - [ Bailii ]
 
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