Category

1997 cases

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
R v Morris [1997] EWCA Crim 2564The judge erred in law in that he left the jury to decide whether the assault occasioned pyschiatric injury in the absence of appropriate expert evidence; he should have followed the decision in Chan-Fook. 2011‑10‑24 20:54:16 1997 cases, Brief summary, Judgment available on Bailii, Other criminal law cases, Transcript


Re MB (Medical Treatment) [1997] EWCA Civ 3093 — "This appeal arose from the application by a health authority for a declaration from the High Court that it would be lawful for the consultant gynaecologist to operate upon a young woman, Miss MB, who was 40 weeks pregnant and admitted to hospital on Friday 14th February." [Summary required.] 2010‑07‑20 21:33:58 1997 cases, Best interests, No summary, Transcript


R (F) v Liverpool City Council [1997] EWHC Admin 375 — Identification of nearest relative. 2009‑04‑11 17:39:00 1997 cases, No summary, Other NR cases, Transcript


Re Rodrigues [1997] EWCA Civ 1630 — Unfounded habeas corpus application. 2009‑04‑11 17:30:25 1997 cases, No summary, Transcript, Unimportant cases


Re MB (Caesarean Section) [1997] EWCA Civ 1361 — The claimant lacked capacity on a temporary basis because of her fear of needles; in an emergency the doctors would be free to administer anaesthetic if that were in her best interests. 2009‑04‑11 17:23:54 1997 cases, No summary, Other capacity cases, Transcript


Wall v Sweden 41403/98 [1997] ECHR 201The detention of an alcoholic under Article 5(1)(e) did not breach Article 5(1): the authorities continuously considered less severe measures, they strictly scrutinised the necessity for subjecting the applicant to compulsory care, and the total length of the applicant’s detention was not extended beyond a period reasonable to the aim pursued by domestic law, namely to motivate the applicant in such a way that he become capable of voluntary participation in continuing treatment and capable of receiving support in order to discontinue his abuse. 2009‑04‑10 21:58:49 1997 cases, Detailed summary, ECHR, Transcript


Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWHC Admin 102The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before a full assessment of the patient for the purposes of s3 has taken place, including before the two necessary medical recommendations have been obtained; the Act allowed for a flexible approach. 2009‑03‑15 17:34:16 1997 cases, Brief summary, Consulting NR, Transcript


Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWCA Civ 1944The ASW's [now AMHP's] consultation with the nearest relative under s11(4) can take place before his interview with the patient; the Act allowed for a flexible approach. Provided that the social worker explains to the NR that he is considering making an application and why, the NR will be afforded the necessary opportunity for objecting to the application. 2009‑03‑15 17:34:12 1997 cases, Brief summary, Consulting NR, Transcript


R (S) v Broadmoor Special Hospital Authority [1997] EWCA Civ 2875 — Permission granted to appeal (challenge to Broadmoor search policy). 2008‑10‑15 20:17:12 1997 cases, Miscellaneous, No summary, Transcript


R (S) v Broadmoor Special Hospital Authority [1997] EWHC Admin 875 — Broadmoor's random and routine search policy was lawful. 2008‑10‑15 20:15:23 1997 cases, Miscellaneous, No summary, Transcript


R (Warren) v Oxfordshire MHRT [1997] EWCA Civ 1311 — Application for leave to move refused (applicant appeared in person; no arguable grounds). 2008‑09‑13 07:11:31 1997 cases, No summary, Transcript, Unimportant cases


R (Baptiste) v Anglia and Oxfordshire Regional MHRT [1997] EWHC Admin 858 — Hearing adjourned. 2008‑09‑13 07:11:06 1997 cases, No summary, Transcript, Unimportant cases


R (S) v Collins [1997] EWCA Civ 2019 — Challenge to compulsory treatment. 2008‑09‑13 06:18:33 1997 cases, Challenges to compulsory treatment, Judgment missing from Bailii, No summary, Transcript


R (S) v Collins [1997] EWHC Admin 280 — Case concerned a lady who needed a Caesarean being placed under s2. 2008‑09‑13 06:17:33 1997 cases, Challenges to compulsory treatment, No summary, Transcript


R (S) v Collins [1997] EWHC Admin 156 — Transferred to judge experienced in JR. 2008‑09‑13 06:14:21 1997 cases, Challenges to compulsory treatment, No summary, Transcript


R (L) v Bournewood Community and Mental Health NHS Trust [1997] EWCA Civ 2879 — Bournewood gap. 2008‑09‑13 06:09:03 1997 cases, Deprivation of liberty, No summary, Transcript


R (L) v Bournewood Community and Mental Health NHS Trust [1997] EWHC Admin 850 — Bournewood gap. 2008‑09‑13 06:08:05 1997 cases, Deprivation of liberty, No summary, Transcript


R (Kelly) v MHRT Merseyside [1997] EWHC Admin 398 — Breach of rules of natural justice. 2008‑09‑12 16:40:46 1997 cases, No summary, Other Tribunal cases, Transcript


R (Demetri) v South West Thames MHRT [1997] EWHC Admin 622 — Reasons. 2008‑09‑12 16:26:35 1997 cases, No summary, Reasons, Transcript


R (Booth) v MHRT Merseyside [1997] EWHC Admin 816 — Unsuccessful reasons challenge. 2008‑09‑12 16:24:06 1997 cases, No summary, Reasons, Transcript


R (Evans) v Brockhill Prison [1997] EWHC Admin 544 — False imprisonment. 2008‑09‑12 15:49:37 1997 cases, No summary, Prison law cases, Transcript


Johnson v UK 22520/93 [1997] ECHR 88Finding that patient not longer suffering from mental illness did not require his immediate and unconditional discharge. 2007‑09‑16 11:22:54 1997 cases, Brief summary, Deferred conditional discharge, ECHR, Transcript


R (MacDonald) v MHRT North West Region [1997] EWHC Admin 716 — Pre-Reid challenge to non-discharge of untreatable psychopath. 2007‑02‑07 20:26:05 1997 cases, No summary, Transcript, Treatability test and psychopathic disorder


R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201Part II (civil) and Part III (criminal) powers can co-exist and operate independently of each other. "If he were discharged by the tribunal it would be a discharge in relation to his liability to detention under Section 3 which would in no way affect the Secretary of State’s powers to recall him as a restricted patient" 2007‑02‑06 18:37:46 1997 cases, Brief summary, Ministry of Justice, Transcript


R (M) v South Thames MHRT [1997] EWHC Admin 797Tribunal application made while under s2 does not fall if the patient is subsequently placed under s3; patient maintains his separate right to apply under while s3. 2006‑04‑20 20:45:23 1997 cases, Change of status after application made, Detailed summary, Transcript


R (Hempstock) v MHRT [1997] EWHC Admin 664Tribunal have same powers when reconvening after unfulfilled recommendations as at original hearing. 2006‑04‑16 20:47:09 1997 cases, Brief summary, Powers, Transcript