The patient refused consent to treatment in the form of injection of drugs, which her psychiatrists considered to be necessary. Held: Treatment of this nature infringed the patients rights, and was not to be ordered without clear reason. The doctors had to show that it was a medical necessity, and this had to be shown … Continue reading Regina (N) v Dr M and Others: CA 6 Dec 2002
The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient’s mother as her nearest relative. However, the patient’s mother was not ordinarily resident in the UK, and, according to the statutory definition of ‘nearest relative’, the AMHP ought to have consulted the patient’s … Continue reading Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article 3 and 8 rights. One of his complaints was as to interference with his correspondence. Held: … Continue reading Herczegfalvy v Austria: ECHR 24 Sep 1992
The court heard four appeals considering s 11(3) of the 1968 Act ‘which requires this court, on an appeal against sentence, to exercise its powers such that ‘taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below’. Articulating the issue … Continue reading Thompson v Regina: CACD 27 Mar 2018
Judges: Richards J Citations: [1998] EWHC Admin 516 Links: Bailii Statutes: Mental Health Act 1983 35 Health, Criminal Practice Updated: 27 May 2022; Ref: scu.138637
The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003
(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998
Judgment on the claimant’s application for permission to apply for judicial review as to whether the defendant local authority is duty bound by virtue of the terms of section 117 of the Mental Health Act 1983, to provide the claimant, in his particular circumstances, with accommodation free-of-charge. Judges: Mostyn J Citations: [2013] EWHC 1637 (Admin) … Continue reading Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013
For reasons of policy or pragmatism, the actual criminal standard of proof may be used in civil proceedings such as contempt of court. Contempt of court is a criminal offence. Accordingly, the burden of proving that the defendant is in contempt rests on the claimant and the facts constituting any contempt must be proved to … Continue reading In re Bramblevale Ltd: 1970
(US Supreme Court) To commit an individual to a mental institution in civil proceedings, the state was required by the ‘due process’ clause of the US Constitution to prove by clear and convincing evidence the statutory preconditions to commitment. That was an intermediate standard, between proof beyond reasonable doubt and proof on the preponderance of … Continue reading Addington v Texas: 30 Apr 1979
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
Lack of Patient Safeguards was Infringement The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further pending suitable arrangements being made for … Continue reading HL v United Kingdom: ECHR 2004
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected ( res iudicata ); Violation of Art. 5-1 (placement in private clinic from 1977 to 1979); No separate issue under Arts. 5-4 and 5-5; No violation of Art. 5 (stay in private clinic in 1981); Violation of Art. 8 (placement in private clinic from 1977 … Continue reading Storck v Germany: ECHR 16 Jun 2005
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
Appeal by two public authorities against a refusal to strike out the claimant’s claim as an abuse of process. The principal point of law which arises for decision is whether (following O’Reilly v Mackman [1983] 2 AC 237) the claimant was entitled to proceed under Part 7 of the Civil Procedure Rules rather than by … Continue reading Richards v Worcestershire County Council and Another: CA 12 Dec 2017
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
An EEA national does not cease to be a qualified person as a result of being detained in a hospital pursuant to an order of the court under the Mental Health Act 1983, having not been convicted of any criminal offence. Citations: [2012] UKUT 237 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 07 … Continue reading JO (Qualified Person – Hospital Order – Effect) Slovakia: UTIAC 13 Jul 2012
[2003] EWCA Crim 1052 Bailii Mental Health Act of 1983 37 England and Wales Crime Updated: 20 January 2022; Ref: scu.346295
Application brought by the London Borough of Sutton for a care order under Part IV of the Children Act 1989. NH is also, as at the date of this hearing, under section pursuant to section 3 of the Mental Health Act 1983. MacDonal J [2016] EWHC 1371 (Fam) Bailii Children Act 1989, Mental Health Act … Continue reading London Borough of Sutton v MH (No 2): FD 10 Jun 2016
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The claimant had been convicted of the murder of his girlfriend. On his acquittal on appeal, the police criticised the CPS decision not to retry the claimant, in effect, the claimant now said, continuing the accusation against him, and so defaming him. The defendant pleaded justification. Held: The prosecution case rested in substantial part on … Continue reading Bento v The Chief Constable of Bedfordshire Police: QBD 1 Jun 2012
Hickinbottom J [2015] EWHC 3712 (Admin) Bailii Mental Health Act 1983 2 3 England and Wales Health Updated: 08 January 2022; Ref: scu.557367
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997
The court considered and rejected the possibility of the First Tier Tribunal making orders under the 2005 Act which would have the effect of depriving a patient of his liberty. The respondent, now aged 73, suffered a persistent delusional condition and was a ‘restricted patient’. Maurice Kay LJ VP, Arden, Moses LJJ [2011] EWCA Civ … Continue reading The Secretary of State for Justice v RB and Another: CA 20 Dec 2011
The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying … Continue reading M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
False Prospectus – Issuers liable in Deceit The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off pressing liabilities. … Continue reading Edgington v Fitzmaurice: CA 7 Mar 1885
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section 2(1)(b). Held: The civil standard of proof is flexible and … Continue reading B v Chief Constable of Avon and Somerset Constabulary: QBD 5 Apr 2000
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls and was recalled. In considering his application for a further licence he complained that the … Continue reading In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
Proof Standard for Misrepresentation The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases. Held: The standard was the balance of probabilities. It was for the plaintiff to establish that the defendant had the … Continue reading Hornal v Neuberger Products Ltd: CA 1956
A court should take great care before setting aside a decision of a judge which had involved the exercise of a judicial discretion. The court considered the duty of an appellate court in a children case: ‘What this court should seek to do is to answer the question whether the court discerns a wrongness in … Continue reading G v G (Minors: Custody appeal): CA 1985
The House was asked as to the standard of proof required to establish that adultery had been condoned under the subsection. Held: Lord Denning said: ‘In short it comes to this: so far as the grounds for divorce are concerned, the case, like any civil case, may be proved by a preponderance of probability, but … Continue reading Blyth v Blyth: HL 1966
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
The applicant had been detained under the Act. He sought to be allowed to wear women’s clothing.
Held: There is an implied power for hospital authorities to exercise control over what inmates wore. Here, the power was being exercised for both . .
Claim for judicial review of a decision of the Secretary of State, issued in a letter , refusing to grant the claimant escorted community leave under section 17 of the Mental Health Act 1983. . .
(The Health Committee of the GMC) The appellant challenged a decision of the respondent extending his suspension from the register for a further twelve months. He had been suspended against a finding that he did not have an appropriate insight into . .
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
The psychiatrist had been engaged by W’s solicitors to examine him and prepare a report to go to the Tribunal hearing an application for the transfer or conditional discharge of W from a secure unit. His report was damning. W withdrew the . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: 60 L Ed 2d 323, 60 L Ed 323, 99 SCt 1804, 441 US 418 Links: Worldlii Coram: Burger CJ (US Supreme Court) To commit an individual to a mental institution in civil proceedings, the state was required by the ‘due process’ clause of the US Constitution to prove by clear and convincing evidence … Continue reading Addington v Texas; 30 Apr 1979
Links: Judiciary Coram: Mostyn J The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous … Continue reading In re AA; COP 23 Aug 2012
