Search Results for: Mental Health Act 1983

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D’Souza v Director of Public Prosecutions: HL 15 Oct 1992

The police went to detain the appellant under the 1983 Act. To do so they entered the property against her wishes. She resisted detention, and now appealed her conviction for assaulting the Police officers in the execution of their duty, saying that the entry was unlawful, and that detention under the 1983 Act was not … Continue reading D’Souza v Director of Public Prosecutions: HL 15 Oct 1992

JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006

JB challenged his detention under the 1983 Act. Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. Judges: Auld LJ, Scott Baker LJ, neuberger LJ Citations: [2006] EWCA Civ 961, [2006] HRLR 40 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – T-Mobile … Continue reading JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006

K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under Section 3 of the Mental Health Act 1983 Judges: Lord Justice Ryder … Continue reading K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014

In re MB (A Patient) (Court of Protection: Appeal): CA 1 Nov 2005

The applicant appealed an order that a statutory will be executed for the patient, who suffered from Alzheimer’s disease. The will substituted a solicitor for the applicant as executor, and made technical improvements. The court considered its jurisdiction to hear an appeal without leave to appeal having been obtained. Held: The 1983 Act allowed for … Continue reading In re MB (A Patient) (Court of Protection: Appeal): CA 1 Nov 2005

M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

‘ This case concerns which local authority is responsible for meeting the accommodation costs of an individual detained under section 3 of the Mental Health Act 1983 who is then discharged back into the community.’ Judges: Mitting J Citations: [2010] EWHC 562 (Admin), (2010) 13 CCL Rep 217, [2010] BLGR 678, (2010) 116 BMLR 46, … Continue reading M, Regina (on The Application of) v London Borough of Hammersmith and Fulham and Another: Admn 3 Mar 2010

Patel and others v London Borough of Brent: CA 25 May 2005

Application for return of deposit made to secure commencement of road works on development. Citations: [2005] EWCA Civ 644 Links: Bailii Statutes: Mental Health Act 1983 139 Jurisdiction: England and Wales Citing: Cited – Pountney v Griffiths QBD 1975 A mental patient sought damages for assault from a nurse. The nurse replied that the proceedings … Continue reading Patel and others v London Borough of Brent: CA 25 May 2005

Lewis v Gibson and Another: CA 19 May 2005

Appeal against order displacing applicant as best friend of mental health patient. Citations: [2005] EWCA Civ 587 Links: Bailii Statutes: Mental Health Act 1983 829 Jurisdiction: England and Wales Cited by: Cited – MH v Secretary of State for the Department of Health and others HL 20-Oct-2005 The appellant, detained for assessment under section 2, … Continue reading Lewis v Gibson and Another: CA 19 May 2005

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to become involved. Held: When an adult whose mental health is … Continue reading E, Regina (on the Application of) v Bristol City Council: Admn 13 Jan 2005

B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005

The claimant was a mental patient detained for a bipolar dis-order after convictions for rape. Judges: Silber J Citations: [2005] EWHC 86 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a … Continue reading B, Regina (on the Application of) v Dr SS and others: Admn 31 Jan 2005

Regina (Anderson and Others) v HM Coroner for Inner North Greater London: QBD 26 Nov 2004

The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but died of a cardiac arrest whilst being restrained pending the arrival of a doctor. The … Continue reading Regina (Anderson and Others) v HM Coroner for Inner North Greater London: QBD 26 Nov 2004

Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

The prisoner had been sentenced but then transferred to a secure mental hospital. Whilst there be acted in a way equivalent to a hostage taking. Held: Upon his release from the mental hospital the powers as to recall under the prison sentence remained intact, and he was properly returned to prison. Judges: Collins J Citations: … Continue reading Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

Ganatra, Regina (on the Application Of) v London Borough of Ealing and others: CA 18 Jul 2002

Application for permission to appeal against orders made dismissing the applicant’s challenge to her detention pursuant to section 3 of the Mental Health Act 1983. Her case was that section 11(4) of that Act had not been complied with. Citations: [2002] EWCA Civ 1153 Links: Bailii Jurisdiction: England and Wales Health Updated: 23 June 2022; … Continue reading Ganatra, Regina (on the Application Of) v London Borough of Ealing and others: CA 18 Jul 2002

Regina v M and Others: CACD 5 Oct 2001

The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that can be seen as retributive or deterrent. With the exception of an … Continue reading Regina v M and Others: CACD 5 Oct 2001

MM, Regina (on the Application of) v Secretary of State for the Home Department: CA 6 Jul 2007

Challenge to directions given by the respondent for the recall of the appellant to a mental hospital. Held: The breach of a condition would, if of ‘sufficient significance’ justify a recall. Judges: Keene, Gage, Toulson LJJ Citations: [2007] EWCA Civ 687 Links: Bailii Statutes: Mental Health Act 1983 42 Jurisdiction: England and Wales Cited by: … Continue reading MM, Regina (on the Application of) v Secretary of State for the Home Department: CA 6 Jul 2007

A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under section 4 by a jury. He was however later made subject to the s37 order. … Continue reading A, Regina (on the Application of) v Harrow Crown Court and others: Admn 14 Aug 2003

Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not … Continue reading Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003

B having been made subject to a court hospital order classifying him as suffering from a mental illness, complained when he was later detained under section 63 as subject to a personality disorder. Held: At all times, B was classified as suffering from a mental illness, and the tribunal had not said his condition was … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: CA 15 Apr 2003

Regina (N) v Dr M and Others: CA 6 Dec 2002

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

Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

The claimant complained that her continued detention for mental health treatment contravened her human rights. She had been detained compulsorily for treatment. A later assessment provided that she could be at home, with a right to by required to continue treatment as an inpatient. Held: The fact that a continued substantial part of her treatment … Continue reading Regina (R) v Mersey Care NHS Trust: QBD 7 Aug 2002

Wooder, Regina (on the Application of) v Feggetter and Dr Grah: CA 25 Apr 2002

The patient challenged the treatment given to him against his will as a detained mental patient. He said the opinion of the second doctor as required under the Act, had not been put into writing. Held: Following Wilkinson, which allowed a challenge to such decisions, it was inevitable that a written opinion would be required … Continue reading Wooder, Regina (on the Application of) v Feggetter and Dr Grah: CA 25 Apr 2002

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014

The Court was asked significant questions as to the procedure to be followed when a person is recalled by the Secretary of State to be detained in a hospital under the power conferred by section 42(3) of the Mental Health Act 1983. The Appellant contends that his recall was effected unlawfully, and that his subsequent … Continue reading Lee-Hirons, Regina (on The Application of) v The Secretary of State for Justice and Another: CA 1 May 2014

Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

This case raises, among other matters, an issue about whether reasons for a restricted patient’s recall to detention in a hospital have to be provided orally or in writing. Judges: Dingemans Citations: [2013] EWHC 1784 (Admin), [2015] 2 WLR 256, [2015] 1 QB 385 Links: Bailii Statutes: Mental Health Act 1983 42(3), Human Rights Act … Continue reading Lee-Hirons, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Jun 2013

Regina v Managers of South Western Hospital and Another, Ex Parte M: QBD 24 Mar 1993

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

Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001

A detained mental patient sought to challenge a decision by his RMO that he should receive anti-psychotic medication, despite his refusal to consent, and to challenge a certificate issued by the SOAD. Held: Where a mental patient sought to challenge by judicial review the imposition of treatment without his consent, it was open to the … Continue reading Regina (Wilkinson) v Broadmoor Special Hospital and Others: CA 22 Oct 2001

In re F (Enduring power of Attorney): ChD 2 Apr 2004

Mrs F had given an enduring power to her son, but then became incapable and the power was registered. Her daughter had in the meantime applied to be appointed as her receiver. There was particular bitterness between the brother and sister. F called in the Lord Chancellor’s medical visitor and asked that her children settle … Continue reading In re F (Enduring power of Attorney): ChD 2 Apr 2004

X v Secretary of State for Home Department: CA 7 Dec 2000

The applicant applied for asylum, but suffered from schizophrenia. He had been refused entry and detained, and then his detention was transferred to a mental hospital by order of the Home Secretary, with a view to his return for treatment in Malta. The applicant alleged that the Secretary had no power to so order without … Continue reading X v Secretary of State for Home Department: CA 7 Dec 2000

Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon his impending release from hospital, the respondent ordered him to be returned to prison. He absconded form the … Continue reading Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

Regina v Secretary of State for Home Office ex parte Gilkes: Admn 21 Jan 1999

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 … Continue reading Regina v Secretary of State for Home Office ex parte Gilkes: Admn 21 Jan 1999

Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014

Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown Court, who has been conditionally discharged for the second time from detention at … Continue reading Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014

Broadmoor Hospital Authority and Another v Robinson: CA 20 Dec 1999

Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain its publication. It was argued that such a restraint went beyond the express powers … Continue reading Broadmoor Hospital Authority and Another v Robinson: CA 20 Dec 1999

Afework, Regina (on The Application of) v London Borough of Camden: Admn 13 Jun 2013

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

N, Regina (On the Application of) v M and Others: Admn 24 Sep 2002

The patient challenged the decision of her doctors to administer anti-psychotic medicine for the prevention or for the alleviation of her psychotic illness, to which she did not consent. Judges: Silber J Citations: [2002] EWHC 1911 (Admin) Links: Bailii Statutes: Mental Health Act 1983 Jurisdiction: England and Wales Citing: Cited – Handyside v The United … Continue reading N, Regina (On the Application of) v M and Others: Admn 24 Sep 2002

Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

Local Authorities who found themselves obliged to provide care for former mental patients were not free to charge for the services. The section imposing the obligation could not be looked at as a gateway provision before services were provided under other statutory provisions. The references by other sections to services provided under this section made … Continue reading Regina v Richmond London Borough Council, Ex Parte Watson; Regina v Manchester City Council, Ex Parte Stennett; etc: CA 28 Sep 2000

L v United Kingdom: ECHR 5 Oct 2004

The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004

Regina v Secretary of State for the Home Department, Ex Parte Didlick: QBD 30 Mar 1993

A restriction did not expire simply by being allowed to elapse, but could only be brought to an end by a direction from the Home Secretary or by the patient being discharged from the hospital. Citations: Times 30-Mar-1993 Statutes: Mental Health Act 1959, Mental Health Act 1983 Jurisdiction: England and Wales Health Updated: 16 May … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Didlick: QBD 30 Mar 1993

Regina v Reynolds: CACD 1 Nov 2000

When a court wanted to consider making a restriction order under the Act, it could not do so without some medical evidence which could be used to justify such a restriction. Here it was accepted that the defendant did suffer from a mental disorder induced or exacerbated by the overuse of cannabis, and in appropriate … Continue reading Regina v Reynolds: CACD 1 Nov 2000

Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

The fact that an alien was detained under the Mental Health Acts did not mean that he could not be ordered to be removed and returned to his own country. The power given to the Secretary of State was discretionary, and though the treatment he might receive was of a lower standard, it was not … Continue reading Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

Nelson v Regina: CACD 2 Dec 2020

‘This appeal against sentence demonstrates some of the practical differences between, and advantages and disadvantages of, a ‘hybrid order’ under section 45A of the Mental Health Act 1983 (‘MHA’) combining imprisonment with a hospital direction and limitation direction on the one hand, and a ‘hospital and restriction order’ under section 37 MHA with section 41 … Continue reading Nelson v Regina: CACD 2 Dec 2020

Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

The applicant had been a discretionary life prisoner. His minimum period of detention had passed, but he continued to be detained under a transfer order for his treatment as mental health patient. Held: The absence of any means for him to challenge his continued detention infringed his rights. Had the Mental Health Review Tribunal decided … Continue reading Regina (D) v Secretary of State for the Home Department: QBD 19 Dec 2002

Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

An asylum seeker had come to be detained under the Mental Health Act. The Home Secretary, having refused the asylum application, ordered him to be repatriated. Held: Though the Secretary of State could only exercise his powers of removal under section 86 of the MHA if it appeared to him to be in the patient’s … Continue reading Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

In Re F (A Child): CA 13 Oct 1999

Where a child, having attained sixteen, but with severe mental disability, sought to return home where the local authority feared she might be the victim of abuse, the proper approach was to seek wardship, where she might have separate representation. An application for the displacement of the father as the nearest relative was inappropriate, since … Continue reading In Re F (A Child): CA 13 Oct 1999

Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

The applicant had entered the UK without leave, and then been detained for mental illness. The Secretary ordered him to be removed. He claimed that there was no power to remove him whilst the detention order was current, and that the order infringed his human rights. Held: The later Act had not revoked the earlier, … Continue reading Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

Attorney-General’s Reference No 54 of 2011: CACD 2012

Hughes LJ said that the detention for public protection regime and that under sections 37/41 of the 1983 Act have features in common. Under both, release is discretionary in the hands of the Secretary of State, effectively the Ministry of Justice. There is no absolute right to release. The test for the exercise of the … Continue reading Attorney-General’s Reference No 54 of 2011: CACD 2012

Ex parte Waldron: CA 1986

The court was asked whether section 139 precluded a mental patient from applying for leave to move for judicial review. Held: A restriction on the bringing of civil or criminal proceedings imposed by the section 139 did not apply to proceedings for judicial review. Ackner LJ concluded that Parliament had not intended to bar the … Continue reading Ex parte Waldron: CA 1986

SSG, Regina (On the Application of) v Liverpool City Council and Another: Admn 22 Oct 2002

‘the homosexual partner of a patient within the meaning of section 145 of the Mental Health Act 1983 can be treated as a ‘relative’ within section 26(1) of the Mental Health Act 1983.’ Judges: Maurice Kay J Citations: [2002] EWHC 4000 (Admin) Links: Bailii Statutes: Mental Health Act 1983 26(1) 145 Jurisdiction: England and Wales … Continue reading SSG, Regina (On the Application of) v Liverpool City Council and Another: Admn 22 Oct 2002

Gray v Thames Trains and Others: HL 17 Jun 2009

The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009

In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

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

Staines, Regina v: CACD 26 Jan 2006

The court considered a discretionary life sentence combined with a hospital direction and a limitation direction made under s.45A of the Mental Health Act 1983 Citations: [2006] EWCA Crim 15 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 12 April 2022; Ref: scu.238138

Mitocariu and Another, Regina (on The Application of) v Central and North West London NHS Foundation Trust: Admn 31 Jan 2018

These proceedings raise points of principle in respect of the powers of NHS Foundation Trusts pursuant to the National Health Service Act 2006 (‘the 2006 Act’) regarding financial assistance to patients whilst they are detained pursuant to hospital orders made under the Mental Health Act 1983 (‘the 1983 Act’). In essence they raise a question … Continue reading Mitocariu and Another, Regina (on The Application of) v Central and North West London NHS Foundation Trust: Admn 31 Jan 2018

Inneh, Regina v: CACD 14 Dec 2021

Appeal from hospital order Judges: Lord Justice Holroyde Mr Justice Picken Recorder of Manchester (His Honour Judge Dean QC) (Sitting as a Judge of the Cacd) Citations: [2021] EWCA Crim 2004 Links: Bailii Statutes: Mental Health Act 1983 37 Jurisdiction: England and Wales Criminal Sentencing Updated: 04 April 2022; Ref: scu.674621

PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003

The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs. Held: This was an exceptional case requiring attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003

Richards v Worcestershire County Council and Another: CA 12 Dec 2017

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

Tinsley v Manchester City Council and Others: CA 1 Nov 2017

The Court was asked whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the 1983 Act and has then been released from detention but still requires ‘after-care services’ is entitled to require his local authority to provide such services at any time before he has exhausted … Continue reading Tinsley v Manchester City Council and Others: CA 1 Nov 2017

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

JO (Qualified Person – Hospital Order – Effect) Slovakia: UTIAC 13 Jul 2012

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

ASK v The Secretary of State for The Home Department: Admn 9 Feb 2017

The claimant said that he as unlawfully detained in an Immigration Removal Centre pending removal from the United Kingdom and, once he was definitively declared unfit to fly, detained for an unreasonably long period of time before eventual transfer to a psychiatric unit. Judges: Green J Citations: [2017] EWHC 196 (Admin) Links: Bailii Statutes: Mental … Continue reading ASK v The Secretary of State for The Home Department: Admn 9 Feb 2017

SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Application for judicial review challenging the Secretary of State’s transfer direction given under section 47 of the Mental Health Act 1983 authorising removal of the claimant from prison to Rampton Hospital Judges: Mr Justice Burnett Citations: [2010] EWHC 1124 (Admin), [2010] ACD 71 Links: Bailii Statutes: Mental Health Act 1983 47 Jurisdiction: England and Wales … Continue reading SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Richards v Worcestershire County Council and Another: ChD 28 Jul 2016

Application for claim to be struck out. Newey J [2016] EWHC 1954 (Ch) Bailii Mental Health Act 1983 2 25A 117 England and Wales Citing: Cited – Mwanza, Regina (on The Application of) v London Borough of Greenwich and Another Admn 15-Jun-2010 The claimant had been discharged from inpatient treatment under the 1983 Act, and … Continue reading Richards v Worcestershire County Council and Another: ChD 28 Jul 2016

London Borough of Sutton v MH (No 2): FD 10 Jun 2016

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

AK, (A Child), Regina (on The Application of) v The London Borough of Islington and Another: Admn 16 Feb 2021

Claim by AK against the London Borough of Islington (Children Services Department) and the North Central London Clinical Commissioning Group alleging that the defendants failed to adequately assess and plan for her needs following her discharge from hospital pursuant to s.117 of the Mental Health Act 1983 His Honour Judge Lickley QC Sitting as a … Continue reading AK, (A Child), Regina (on The Application of) v The London Borough of Islington and Another: Admn 16 Feb 2021

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005

Henderson v Wilcox and Others: ChD 3 Dec 2015

The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act. Held: … Continue reading Henderson v Wilcox and Others: ChD 3 Dec 2015

An NHS Trust v A: CoP 23 Sep 2015

The application sought orders and declarations from the Court of Protection, depriving A of his liberty for the purposes of administering to him medical treatment which would address the problems which he suffered from. Mostyn J [2015] EWCOP 71 Bailii Mental Health Act 1983 3 Health, Agency Updated: 06 January 2022; Ref: scu.554594