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: 2004 To: 2004
This page lists 36 cases, and was prepared on 27 May 2018.
HL v United Kingdom; ECHR 2004 - 45508/99; (2004) 40 EHRR 761; [2004] ECHR 720
Regina (Secretary of State for the Home Department) v Mental Health Review Tribunal [2004] EWHC 1029 (Admn)
2004
Admn
Health
1 Citers
MH, Regina (on the Application Of) v Secretary of State for Health and Another [2004] EWHC 56 (Admin)
22 Jan 2004
Admn
Health
Mental Health Act 1983
[ Bailii ]
LI, Regina (on the Application Of) v Mental Health Review Tribunal [2004] EWHC 51 (Admin)
22 Jan 2004
Admn
Newman J
Health
mental Health Act 1983 37 41
[ Bailii ]
Watts, Regina (on the Application Of) v Secretary of State for Health [2004] EWCA Civ 166
20 Feb 2004
CA
Health, European
[ Bailii ]
Glass v The United Kingdom; ECHR 9-Mar-2004 - 61827/00; Times, 11 March 2004; [2004] 1 FLR 1019; [2004] ECHR 102; [2004] Lloyds Rep Med 76; [2004] ECHR 103; (2004) 39 EHRR 15; [2011] ECHR 1664; [2003] ECHR 719
Secretary of State for Home Department, Regina (on the Application of) v Mental Health Review Tribunal and Another [2004] EWHC 650 (Admin)
10 Mar 2004
Admn
Health
[ Bailii ]
Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal [2004] EWCA Civ 311
17 Mar 2004
CA
Lord Justice May The Hon Mr Justice Parker Lord Phillips Of Worth Matravers, Mr
Health
The medical member of the review tribunal to which the appellant had applied for his discharge from detention under section 3 of the Mental Health Act 1983 who was a consultant psychiatrist was not disqualified from considering the appellant's case because he was employed by the Mersey Care National Health Service Trust: "We consider that [the reasonable and informed] observer would expect a consultant psychiatrist to apply the same concerns for the welfare of a patient, whether that patient was the consultant's own, or a patient whose liberty depended upon the objective clinical judgment of the consultant in the context of a tribunal hearing."
1 Citers
[ Bailii ]
Regina (on the Application of S) By Her Mother and Next Friend Sandra Branch v Leicester City Council [2004] EWHC 533 (Admin)
29 Mar 2004
QBD
Mr Justice Leveson
Local Government, Health
[ Bailii ]
Secretary of State for the Home Department, Regina (on the Application Of) v Mental Health Review Tribunal and others [2004] EWHC 1029 (Admin)
7 Apr 2004
Admn
Moses J
Health
[ Bailii ]
L, Regina (on the Application of) v Secretary of State for the Home Department and Another [2004] EWHC 1025 (Admin)
23 Apr 2004
Admn
Collins J
Health
1 Citers
[ Bailii ]
W v Doncaster Metropolitan Borough Council [2004] EWCA Civ 378; Times, 13 May 2004; Gazette, 03 June 2004
6 May 2004
CA
Health, Human Rights
The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention. Held: The conditions were inextricably linked to the release, and though there was a form of duty on the respondent to make arrangements, no duty to release him arose until the condition had been met. The duty to make arrangements was not absolute, and there was no breach in the present failure.
Mental Health Act 1983 37 41
1 Cites
1 Citers
[ Bailii ]
Graham v East London and City Mental Health NHS Trust [2004] EWCA Civ 690
26 May 2004
CA
Health
[ Bailii ]
NHS Trust v T (adult patient: refusal of medical treatment); FD 28-May-2004 - [2004] EWHC 1279 (Fam); [2005] 1 All ER 387
Evans v Amicus Healthcare Ltd and others; CA 25-Jun-2004 - [2004] EWCA Civ 727; Times, 30 June 2004; [2004] Fam Law 647; [2004] 2 FLR 766; [2004] 2 FCR 530; [2004] 3 All ER 1025; (2004) 78 BMLR 181; [2005] Fam 1; [2004] 3 WLR 681
Miah, Regina (on the Application Of) v Secretary of State for Home Department [2004] EWHC 2569 (Admin)
22 Jul 2004
Admn
Prisons, Health
Mental Health Act 1983 47
[ Bailii ]
Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others [2005] 1 WLR 2469; [2004] EWHC 1749 (Admin); [2005] 2 All ER 820
22 Jul 2004
Admn
Beatson J
Health, Media, Human Rights
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal's reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article 6 of the European Convention on Human Rights:
"By definition the issues which the mental health review tribunal has to deal with involve personal and clinical confidential information affecting individuals who are often very vulnerable and not always in a position to make an informed decision as to what may or may not be in their best interests. Questions of capacity may frequently arise and clinical progress may be affected by the consequences of publicity."
Mental Health Act 1983 78 - Mental Health Review Tribunal Rules 1983 - Administration of Justice Act 1960 12
1 Cites
1 Citers
[ Bailii ]
Phillips, Harland (Administrators of the Estate of Michailidis), Papadimitriou; Symes (A Bankrupt), Robin Symes Limited (In Administrative Receivership), Domercq etc [2004] EWHC 1887 (Ch)
30 Jul 2004
ChD
The Honourable Mr Justice Peter Smith
Health, Litigation Practice
Under the Ciivil Procedure Rules, experts have acquired greater responsibilities to the court. Those responsibilities transcend their perceived obligations to the parties whom they give evidence.
1 Cites
1 Citers
[ Bailii ]
Regina (Burke) v General Medical Council Times, 06 August 2004; [2004] EWHC 1879 (Admin); [2004] 2 FLR 1121; [2005] 2 WLR 431; [2005] QB 424
30 Jul 2004
Admn
Munby J
Health, Human Rights
The applicant, suffering a life threatening disease, wanted to ensure his continued treatment and revival in the circumstance of losing his own capacity. He said the respondent's guidelines for doctors were discriminatory and failed to protect his human right to life. He sought judicial review of the guidelines. Held: The rules were inadequate. Doctors were experts as to the medical interests of a patient, but such decisions involved wider considerations as to which doctors have no special expertise. Where a patient was competent or had provided an advance directive, his wishes could be followed. Otherwise a decision had to be made for him. There was a strong presumption in favour of prolonging life. A doctor accepting the care of a patient but disagreeing as to his treatment has a duty to continue care until other medical help is found. He had to act in the best interests of the patient including non-medical interests. The patient's rights of personal autonomy, self-determination and dignity were protected under the Convention. Where non-medical issues arose, the doctor should refer the issue to a court.
European Convention on Human Rights 3 8
1 Cites
1 Citers
[ Bailii ]
B, Regina (on the Application Of) v Camden and Another [2004] EWHC 2348 (Admin)
2 Aug 2004
Admn
Health
Mental Health Act 1983
[ Bailii ]
Regina on the Application of Goldsmith v The London Borough of Wandsworth [2004] EWCA Civ 1170; (2004) 148 Sol Jo LB 1065
27 Aug 2004
CA
Lord Justice Chadwick Lord Justice Brooke Lord Justice Wall
Health, Judicial Review
The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the residential home she knew. Held: The Authority's decision making process was seriously flawed: 'Judicial review is about process, and in my judgment the process here has been manifestly defective. ' The decision was quashed, and must be reconsidered.
National Assistance Act 1948 Part III - National Health Service and Community Care Act 1990 47(1)
1 Cites
1 Citers
[ Bailii ]
W Healthcare NHS Trust v KH and Others Times, 09 December 2004; [2004] EWCA Civ 1324; Unreported, 17 September 2004
17 Sep 2004
CA
Brooke LJ, Clarke LJ, Maurice Kay J
Family, Health
The patient was very severely disabled. She was a lady of 59 suffering from multiple sclerosis. She was not competent to make decisions about her own treatment. She was in a pitiful state, and had to be fed through a percutaneous gastronomy tube but she was not in a vegetative state. Her family and the Official solicitor considered that treatment should be withdrawn, but her doctors disagreed. Held: The patient was incapable of deciding her own fate. There was no sufficiently clear advance directive. The court was left to decide her best interests. The proposed action would be a course of starvation, which the patient would feel. The judge had held that death by this means would be even more undignified. Here the court was acting as a court of appeal, and should be reluctant to substitute its own view of the facts for that of the judge. The judge had carefully balanced the arguments and facts and applied the law as it stands. English law places a heavy burden of proof on those who suggest a course of action which will lead to a death. The appeal failed.
Brooke LJ: "Lord Justice Taylor referred to a case of extremely painful treatment causing continuous agony or such continuous sedation as to lead to there being no conscious life at all. He concluded that part of his judgment by saying that the test must be whether "the child in question is capable of exercising sound judgment or would consider the life tolerable.
Mr Francis' submissions have convinced me that there is a danger of detecting a substituted choice test in this passage. Normally the approach that the law should adopt is to determine whether, in the judgment of the court, the continuation of life would be intolerable. In one of the cases Lord Justice Thorpe has suggested that in these best interests cases the law should draw up a balance sheet, putting the advantages on one side and the disadvantages on another.
The way that the judge came to the conclusion was that in KH's present state he was unable to say that life prolonging treatment would provide no benefit, and that death by, in effect, starvation would be even less dignified than the death which she will face in due course if kept artificially alive for more weeks or months or possibly years.
The judgment is not ours to make. This is a court of appeal. The balance is for the judge of first instance to assess, and this court can only interfere on well recognised grounds if the judge has misdirected himself in law or there are reasons why we are entitled to fault the exercise of the judgment he concluded.
The judge, having rightly put on one side the question whether there was a legally binding advance directive, looked, on the one hand, at the consequences of withdrawing nutrition and the effect this would have and, on the other hand, at the continuance of a life in which there is some feeling of pain, some sensation and some slight ability to answer questions. He came to the conclusion that it was in the best interests of the patient to accede to the unanimous wish of those who are responsible for her treatment.
As I have said, the Official Solicitor supports this application. These cases are always agonisingly difficult. Nobody would wish to be in the position in which the members of this family find themselves. But judges have to apply the law as they find it. English law, as it stands at present, places a very heavy burden on those who are advocating a course which would lead inevitably to the cessation of a human life. In my judgment, it is impossible for this court to interfere with the judge's judgment.
Accordingly I would dismiss this appeal."
1 Cites
1 Citers
W Healthcare NHS Trust v KH; CA 17-Sep-2004 - [2004] EWCA Civ 1324; [2005] 1 WLR 834
Secretary of State for Home Department, Regina (on the Application of) v Mental Health Review Tribunal [2004] EWHC 2194 (Admin)
7 Oct 2004
Admn
The Honourable Mr Justice Collins
Health, Human Rights
Order for release of mental patient conditional upon facilities being made available - infringement of human rights through continued detention.
1 Cites
[ Bailii ]
G, Regina (on the Application of) v Mental Health Review Tribunal [2004] EWHC 2193 (Admin)
7 Oct 2004
Admn
The Honourable Mr Justice Collins
Health, Human Rights
The patient had a violent history. His eventual realease from a secure mental hospital was ordered, but the conditions imposed for his release could not be met. He argued that his continued detention infringed his human rights.
[ Bailii ]
Spink, Regina (on the Application Of) v Wandsworth Borough Council [2004] EWHC 2314 (Admin); Times, 02 November 2004
20 Oct 2004
Admn
Richards J
Health, Local Government
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents' financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under section 2 of the 1970 Act whether it is necessary for it to make arrangements to meet the claimant children's needs. The three stages identified in ex p. Barry applied: (i) identification of needs, (ii) a decision on whether it is necessary for the authority to meet those needs, and (iii) if so, the resulting duty to make such arrangements.
Chronically Sick and Disabled Persons Act 1970 2 - Housing, Grants, Construction and Regeneration Act 1996 819 - Local Government and Housing Act 1989
1 Cites
1 Citers
[ Bailii ]
Bartram v Southend Magistrates Court [2004] EWHC 2691 (Admin)
22 Oct 2004
Admn
Health, Magistrates
Mental Health Act 1983 7
[ Bailii ]
Re L (a child) (Medical Treatment: Benefit) [2004] EWHC 2713 (Fam); [2005] 1 FLR 491
1 Nov 2004
FD
Dame Elizabeth Butler Sloss
Children, Health
(Date)
1 Cites
1 Citers
Sheffield City Council v E; Re E (An Alleged Patient); FD 2-Dec-2004 - Times, 20 January 2005; [2005] 2 WLR 953; [2004] EWHC 2808 (Fam); [2005] 1 FLR 965
MH, Regina (on the Application of) v Secretary of State for the Department of Health [2004] EWCA Civ 1609
3 Dec 2004
CA
Human Rights, Health
Mental Health Act 1983 - European Convention on Human Rights 5
[ Bailii ]
In Re Z (Local Authority: Duty) [2004] EWHC 2817 (Fam); Times, 09 December 2004; [2005] 3 All ER 280; [2005] 1 WLR 959; [2005] 1 FLR 740; [2005] 2 FCR 256; (2005) 84 BMLR 160; (2005) 8 CCL Rep 146
3 Dec 2004
FD
Hedley J
Local Government, Health
Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a decision seriously against her interests, it was proper for them to investigate, and if appropriate report their concerns to the police. Though she was a vulnerable adult under the statutes, Mrs Z had full capacity, and it was not for them to intervene in this way. Mr Z might be putting himself at risk of a prosecution uunder the 1961 Act. The power to seek an injunction to prevent criminal activity did vest in a local authority, but the jurisdiction should be exercised only with the greatest caution. The authority had had no duty to apply for an injunction, and it was discharged.
National Assistance Act 1948 29 - National Health Service Act 1977 - National Health and Community Care Act 1990 - Suicide Act 1961 291) - Local Government Act 1972 8222
1 Cites
[ Bailii ]
MH, Regina (on the Application of) v Secretary of State for the Department of Health [2004] EWCA Civ 1690; Times, 08 December 2004
3 Dec 2004
CA
Lord Justice Buxton Mr Justice Lindsay Lord Justice Wall
Health, Human Rights
The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been originally detained, the patient's detention had been extended, and application made to remove her mother as 'nearest relative' The result was to leave her with no effective way of exercising her rights.
Mental Health Act 1983 29(4)
1 Cites
[ Bailii ]
CS, Regina (on the Application Of) v Mental Health Review Tribunal and Another [2004] EWHC 2958 (Admin)
6 Dec 2004
Admn
Health
[ Bailii ]
Arnold Andre GmbH and Co. KG v Landrat des Kreises Herford C-434/02
14 Dec 2004
ECJ
European, Health, Commercial
Directive 2001/37/EC - Manufacture, presentation and sale of tobacco products - Article 8 - Prohibition of placing on the market of tobacco products for oral use - Validity.
D, Regina (on the Application Of) v Secretary of State for Home Department and Another [2004] EWHC 2857 (Admin)
15 Dec 2004
Admn
Prisons, Health
[ Bailii ]
CH and Another v Sutton and Merton Primary Care Trust [2004] EWHC 2984 (Admin)
22 Dec 2004
Admn
Wilson J
Health, Administrative
[ Bailii ]
