1998 cases

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Case and summary Date added Categories
Romanov v Russia 63993/00 [1998] ECHR 115 — The applicant's complaints about the prison conditions, the length of his detention on remand and the complaint concerning his right to be present at the hearing were admissible. 2009‑04‑10 21:23:51 1998 cases, ECHR, No summary, Transcript

Clunis v UK 45049/98 [1998] ECHR 116The failures in providing care prior to the claimant's offence did not breach Article 8 as there was no inevitable link between the failures and the offence; although he lost his negligence action against the local authority (partly on the basis of ex turpi causa) there had been no breach of Article 6 in the procedure. 2009‑04‑09 21:55:43 1998 cases, Detailed summary, ECHR, Transcript

A v UK 25599/94 [1998] ECHR 85A had been beaten by his step-father more than once with a garden cane, treatment which, on the facts, reached the level of severity prohibited by Article 3; in English law reasonable chastisement is a defence to assault, and a jury acquitted the step-father on this basis; the UK had failed in its positive obligation to provide protection from breaches of Article 3. 2008‑12‑30 22:36:33 1998 cases, Brief summary, ECHR, Transcript

R (S) v Broadmoor Special Hospital Authority [1998] EWCA Civ 160 — Broadmoor's random and routine search policy was lawful. 2008‑10‑15 20:17:39 1998 cases, Miscellaneous, No summary, Transcript

Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust [1998] EWCA Civ 1347 — Unsuccessful judicial review and habeas corpus applications challenging renewal of detention while patient was spending most of week on leave. 2008‑10‑15 19:46:52 1998 cases, Miscellaneous, No summary, Transcript

R v Paul Martin [1998] EWCA Crim 3166The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed. 2008‑09‑22 06:42:18 1998 cases, Brief summary, Restriction order cases, Transcript

R (S) v Collins [1998] EWCA Civ 1349 — Challenge to compulsory treatment. 2008‑09‑13 06:21:31 1998 cases, Challenges to compulsory treatment, Judgment available on Bailii, No summary, Transcript

R (S) v Collins [1998] EWHC Admin 490 — Challenge to compulsory treatment. 2008‑09‑13 06:20:49 1998 cases, Challenges to compulsory treatment, Judgment missing from Bailii, No summary, Transcript

R (L) v Bournewood Community and Mental Health NHS Trust [1998] UKHL 24 — Bournewood gap. 2008‑09‑13 06:09:48 1998 cases, Deprivation of liberty, No summary, Transcript

R (Evans) v Brockhill Prison [1998] EWCA Civ 1042 — False imprisonment. 2008‑09‑12 15:51:01 1998 cases, No summary, Prison law cases, Transcript

London Borough of Barnet v Robin [1998] EWCA Civ 1630 — Unsuccessful appeal against s29 displacement order. 2008‑09‑11 12:46:16 1998 cases, Displacement, No summary, Transcript

Re Julie John (habeas corpus) [1998] EWHC Admin 472Challenge to the use of s2 in an apparent attempt to get round the requirement for consultation before s3. Application dismissed as judicial review was the appropriate form of proceedings. 2007‑02‑07 20:42:07 1998 cases, Brief summary, Consulting NR, Transcript

Re Briscoe (habeas corpus) [1998] EWHC Admin 771"The essence of consultation is the communication of a genuine invitation to give advice and genuine consideration of that advice." Merely informing the NR of s3 admission would not suffice for the purposes of s11(4). 2007‑02‑07 20:41:25 1998 cases, Brief summary, Consulting NR, Transcript

Hutchinson Reid v UK 50272/99 [2003] ECHR 94Treatability test not necessary for Article 5(1) compliance (re Scottish removal of this test); breaches of Article 5(4) due to onus being on patient and the delay for the case to come to the House of Lords. 2007‑02‑07 20:25:14 1998 cases, Brief summary, ECHR, Transcript, Treatability test and psychopathic disorder

R (Harry) v SSHD [1998] EWHC Admin 420Home Secretary not obliged to follow MHRT recommendations as to transfer of restricted patient to lower security; can look further afield for information and advice; but had to act in a procedurally fair manner, which he had not done 2007‑02‑06 18:39:07 1998 cases, Brief summary, Ministry of Justice, Transcript

R (Hagan) v Anglia and Oxfordshire MHRT [1998] EWHC Admin 1113Tribunal found that patient suffered from detainable PD but non-detainable MI; however, they refused to reclassify. Decision not to reclassify quashed, and the matter remitted to Tribunal with a direction that they reach the proper decision. [Caution.] 2007‑02‑06 18:34:11 1998 cases, Brief summary, Other classification cases, Transcript

R (Smith) v MHRT South Thames Region [1998] EWHC Admin 832Tribunal need only be satisfied of either nature or degree (i.e. not necessarily both) for detention to continue 2007‑02‑06 18:24:06 1998 cases, Brief summary, Reasons, Transcript

Reid v Secretary of State for Scotland [1998] UKHL 43(1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational. 2006‑04‑15 19:52:23 1998 cases, Absolute or conditional discharge, Detailed summary, Scottish cases, Transcript, Treatability test and psychopathic disorder

* Dangerousness criterion and hospital managers R v Riverside Mental Health Trust, ex p Huzzey [1998] EWHC Admin 465Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion. 2006‑04‑15 19:46:53 1998 cases, Cases, Hospital managers hearings, Judgment available on MHLO, Judgment missing from Bailii, Other NR cases, Transcript