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: 1999 To: 1999
This page lists 27 cases, and was prepared on 27 May 2018.
R-B v Official Solicitor: Re A (Medical Sterilisation) [1999] 53 BMLR 66
1999
Health
1 Citers
Regina v Secretary of State for Home Office ex parte Gilkes [1999] EWHC Admin 47; [1999] 1 MHLR 6
21 Jan 1999
Admn
Dyson J
Health, Criminal Sentencing
The prisoner challenged a decision to have her transferred to a mental hospital under scetion 47. Held. It had not been reasonable for the Secretary of State to rely on one of the two medical reports she relied on. However since if the Secretary of State had made further inquiries at the time of the decision to transfer, the decision would have been the same, that he would exercise his discretion against granting relief.
Mental Health Act 1983 47
1 Citers
[ Bailii ]
Upjohn Ltd v Licensing Authority established by the Medicines Act 1968 et al Times, 26 January 1999; C-120/97
26 Jan 1999
ECJ
Health
European law did not prescribe how a national authority should allow challenge of Medicine Authority's decision. UK rules allowing a court to check the decision only for error or abuse of power, and not the underlying factual assessment are proper.
Council Directive 65/66/EEC
Regina v Central London County Court and Managers of Gordon Hospital ex parte Ax London Times, 23 March 1999; Gazette, 14 April 1999; [1999] QB 1260; [1999] EWCA Civ 988
15 Mar 1999
CA
Health
An application to the court to exclude a person as a patient's relative under the Act, could be made ex parte in appropriate situations, though it was preferable to take that application to an inter partes determination before other procedures initiated. County courts have a general power under section 38 of the 1984 Act to make interim orders and the hospital managers or local social services authority may rely upon an interim order appointing an acting nearest relative in order to admit or receive the patient.
Mental Health Act 1983 3 29 - County Courts Act 1984 34
1 Cites
1 Citers
[ Bailii ]
Witt v Wiltshire County Council [1999] EWHC Admin 322
20 Apr 1999
Admn
Local Government, Health
[ Bailii ]
W (a Patient) v Secretary of State for Scotland Times, 21 April 1999
21 Apr 1999
IHCS
Health
Though sexual deviancy alone is not a mental disorder, a patient with a mental disorder such as psychopathy, could demonstrate that deviancy through abnormal behaviour constituting sexual deviancy.
Mental Health (Scotland) Act 1984 64
Regina v Portsmouth Hospitals NHS Trust ex parte Glass; Admn 22-Apr-1999 - [1999] EWHC Admin 343; [1999] 2 FLR 905
Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall; Admn 23-Apr-1999 - Times, 20 May 1999; [1999] 4 All ER 883; [1999] EWHC Admin 351; [2000] 1 WLR 1323
Regina v Powys County Council, ex parte Jenny Diane Hambidge [1999] EWHC Admin 371
28 Apr 1999
Admn
Local Government, Health, Discrimination
Disability Discrimination Act 1995 20
1 Citers
[ Bailii ]
Regina v Secretary of State for Home Department ex parte Lee [1999] EWHC Admin 478
21 May 1999
Admn
Ognall J
Immigration, Health
[ Bailii ]
Regina v London North and East Mental Health Review Tribunal ex parte Adan Carlos Manns [1999] EWHC Admin 497
25 May 1999
Admn
Health
[ Bailii ]
In re Kinsey and In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1999] EWHC Admin 577
21 Jun 1999
Admn
Health
Appeal against detention under the 1983 Act.
Mental Health Act 1983 3
[ Bailii ]
Manchester City Council v Ingram [1999] EWCA Civ 1689
25 Jun 1999
CA
Health
Mental Health Act 1983 29(1)(c)
[ Bailii ]
Regina v Birmingham City Council ex parte Deborah Killigrew [1999] EWHC Admin 611
29 Jun 1999
Admn
Health, Local Government
[ Bailii ]
Optident Limited; Ultradent Products Inc v Secretary of State for Trade and Industry and Secretary of State for Health Times, 28 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1737
1 Jul 1999
CA
Health, European
Bodies set up to decide upon the regulation of medical devices did not have competence to decide whether an article was itself a medical device rather than a cosmetic. That issue is for the national courts. They could only decide upon the issues provided for by the Directive, and not whether the Directive applied.
Council Directive 93/42/EEC on Medical Devices
[ Bailii ]
Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [1999] EWCA Civ 1738; [1999] EuLR 968
1 Jul 1999
CA
Health, Consumer, European
Application for leave to appeal to House of Lords - refused. However "on public health issues which require the evaluation of complex scientific evidence, the national court may and should be slow to interfere with a decision which a responsible decision-maker has reached after consultation with its expert advisers"
Food Safety Act 1990 13
1 Cites
1 Citers
Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested [1999] EWCA Civ 1739; (2000) 2 LGLR 41; [1999] COD 321; [1999] 3 CMLR 123; (2000) 55 BMLR 38; [1999] EuLR 968; [2000] EHLR 52
1 Jul 1999
CA
Lord Bingham of Cornhill LCJ, Otton, Robert Walker LJJ
Health, Consumer, Administrative
The respondent had made an order banning the processing of milk products from the interested party's farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. Held: Proportionality itself is not always equated with intense scrutiny
Food Safety Act 1990 13
1 Cites
1 Citers
[ Bailii ]
Regina v Bournewood Community and Mental Health NHS Trust ex parte Rosling, (By Official Solicitor His Litigation Friend); Admn 8-Jul-1999 - [1999] EWHC Admin 651
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 - Times, 20 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1870; [1999] EWCA Civ 1871; [2001] 1 QB 213; [2000] 2 WLR 622; [1999] Lloyds LR 305
Regina v Portsmouth Hospitals NHS Trust (ex parte Glass); CA 21-Jul-1999 - Times, 26 July 1999; [1999] EWCA Civ 1914; [1999] 2 FLR 905
North West Lancashire Health Authority v A D and G Times, 24 August 1999; [1999] EWCA Civ 2022; [2000] 1 WLR 977
29 Jul 1999
CA
Auld LJ, Buxton LJ
Health
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 policy giving low priority was possible if it recognised clinical need and treated each request on its merits.
Auld LJ said: "it is an unhappy but unavoidable feature of state funded health care that regional health authorities have to establish certain priorities in funding different treatments from their finite resources. It is natural that each authority, in establishing its own priorities, will give greater priority to life-threatening and other grave illnesses than to others obviously less demanding of medical intervention. The precise allocation and weighting of priorities is clearly a matter of judgment for each authority, keeping well in mind its statutory obligations to meet the reasonable requirements of all those within its area for which it is responsible." A policy which allows for exceptions in undefined exceptional circumstances is not unlawful "provided that the policy genuinely recognises the possibility of there being an overriding clinical need and requires each request for treatment to be considered on its individual merits."
1 Cites
1 Citers
[ Bailii ]
Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority (ex parte Russell Hall) Times, 05 October 1999; Gazette, 02 September 1999; [1999] EWCA Civ 2052
30 Jul 1999
CA
Lord Justice Kennedy Lord Justice Ward Lord Justice Tuckey
Health
A patient having been convicted of manslaughter eventually applied for release. The authorities were concerned that he might have a spontaneous recurrence of his condition, but delayed preparation of a plan for his release. The Tribunal refused to order his release despite the delay. A review of the Tribunal failed because the Tribunal had no power to order preparation of a plan.
Mental Health Act 1983 117
1 Cites
[ Bailii ]
Farmitalia Carlo Erba Srl C-392/97; [1999] EUECJ C-392/97
16 Sep 1999
ECJ
Health
(Judgment) Proprietary medicinal products - Supplementary protection certificate
[ Bailii ]
Regina v Secretary of State for Health and others, Ex Parte Imperial Tobacco Ltd and Co Times, 16 November 1999
16 Nov 1999
QBD
European, Health
A European Directive which claimed to be one approximating laws, could still be a health measure, and it was therefore outside the scope of the European Parliament and Council to regulate the activity. The aim of the Directive was clear, even if mis-stated, and the imposition of regulations before a decision of the European Court would cause substantial economic harm.
Council Directive 98/43/EC
Regina v McNally; CACD 1-Dec-1999 - Times, 01 December 1999
The Secretary of State For Health, The Secretary Of State For Trade and Industry, H M Attorney General v Imperial Tobacco Limited etc; CA 16-Dec-1999 - Times, 17 December 1999; Gazette, 13 January 2000
Broadmoor Hospital Authority and Another v Robinson; CA 20-Dec-1999 - Times, 09 February 2000; Gazette, 20 January 2000; [2000] QB 775; [2000] 2 All ER 727; [1999] EWCA Civ 3039