Category

2004 cases

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Case and summary Date added Categories
Re F [2004] EWHC 725 (Ch) — "This is an appeal from the refusal of Master Lush, the Master of the Court of Protection, to register an enduring power of attorney dated 10th July 2000 which was made by the donor (Mrs F) in favour of her son (Mr A). The Master upheld an objection to registration on grounds of the unsuitability of Mr A to be the donor's attorney, which was lodged by his sister (Mrs B)." 2015‑03‑24 17:09:47 2004 cases, EPA cases - all, EPA cases - other, Judgment available on Bailii, No summary, Transcript


R v AN [2004] EWCA Crim 3238(1) Although the medical evidence recommended a hospital order, the judge had been entitled to exercise his discretion not to impose a hospital order, particularly since there was no causal connection between the mental illness and the offending. (2) The 12-year sentence was not excessive. 2010‑12‑09 21:55:35 2004 cases, Brief summary, Sentence appeal cases, Transcript


Eagle v Chambers [2004] EWCA Civ 1033 — [Summary required.] 2010‑09‑27 21:50:56 2004 cases, Miscellaneous, No summary, Transcript


R (Abu-Rideh) v MHRT [2004] EWHC 1999 (Admin)The claimant was a foreign national detained under the Immigration Act 1971 as a suspected terrorist, then transferred to hospital under s48/49 MHA 1983; the MHRT proceeded on the basis that the only realistic alternative was return to prison, where he would relapse; he argued that the MHRT ought to have considered the question of discharge by reference to discharge into the community, even though this was an impossibility; the Tribunal had been correct in their approach. 2009‑04‑12 22:45:18 2004 cases, Brief summary, Powers, Transcript


NHS Trust v T [2004] EWHC 1279 (Fam)The patient lacked capacity, based on medical opinion and the content of her advance directive refusing treatment; interim declaration made that blood transfusion in emergency would be in patient's best interests. 2009‑04‑12 22:24:41 2004 cases, Best interests, Brief summary, Transcript


R (Takoushis) v HM Coroner for Inner North London [2004] EWHC 2922 (Admin) — Coroner's decision not to call jury or adjourn for expert evidence, and inquest verdict, were lawful. [Overturned on appeal.] 2009‑04‑12 22:13:22 2004 cases, Inquests, Miscellaneous, No summary, Transcript


R (Burke) v General Medical Council [2004] EWHC 1879 (Admin) — Artificial nutrition and hydration. 2009‑04‑12 21:57:43 2004 cases, Best interests, No summary, Transcript


R v Nafei [2004] EWCA Crim 3238Appeal against 12-year prison sentence for importation of drugs, in circumstances where the medical evidence supported a hospital order, was refused: the judge had properly exercised his discretion, particularly since there was no causal connection between the mental illness and the offending; the 12-year term was not excessive. 2009‑04‑11 16:06:53 2004 cases, Brief summary, Sentence appeal cases, Transcript


R v Borkan [2004] EWCA Crim 1642The judge was right not to adjourn for a psychiatric report on fitness to plead and stand trial, as he had two reports already stating that the defendant was not unfit; a jury could not determine fitness to plead or stand trial without supporting medical evidence, and on the facts there was none; appeal dismissed. 2009‑04‑11 16:01:12 2004 cases, Brief summary, Transcript, Unfitness and insanity cases


Tam v Slovakia 50213/99 [2004] ECHR 282(1) Violation of Article 5(1): Detention not in accordance with procedure prescribed by domestic law. (2) Violation of Article 5(4): The review procedure failed to provide adequate guarantees to the applicant; in particular, the court failed to appoint a guardian as required by domestic law, and did not hear the applicant or the doctor treating him with a view to establishing whether the applicant’s deprivation of liberty had been justified. 2009‑04‑10 21:45:58 2004 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, Transcript


Naumenko v Ukraine 42023/98 [2004] ECHR 68Enforced medical treatment of prisoner did not violate Article 3. 2009‑04‑10 15:12:37 2004 cases, Challenges to compulsory treatment, Detailed summary, ECHR, Judgment available on Bailii, Transcript


Gorshkov v Ukraine 67531/01 [2004] ECHR 726The claimants complaints, relating to his detention in hospital, under Article 2, 3 and 5(1) were manifestly unfounded, but his complaint under Article 5(4) was admissible 2009‑04‑10 13:07:36 2004 cases, Brief summary, ECHR, Transcript


R (B) v London Borough of Camden [2004] EWHC 2348 (Admin) — Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Permission refused. 2009‑01‑22 18:37:23 2004 cases, After-care, No summary, Transcript


R v Rogerson [2004] EWCA Crim 2099Although it was lawful to pass sentences of imprisonment and a hospital order under s37 at the same time, it was a matter of obvious impracticability for them both to be simultaneously carried out; the sentences of imprisonment were inappropriate and therefore quashed. 2009‑01‑17 23:39:13 2004 cases, Brief summary, Hospital order cases, Transcript


R (Razgar) v SSHD [2004] UKHL 27The claimant was an Iraqi asylum seeker who had already sought asylum in Germany, but claimed that his return to Germany would adversely affect his mental health. (1) In principle, Article 8 rights can be engaged by the foreseeable consequences for health of removal from the UK pursuant to an immigration decision, even where such removal does not violate Article 3, if the facts relied on by the applicant are sufficiently strong. (2) On the facts, the Home Secretary's decision to certify the claim as manifestly unfounded was unlawful, as an adjudicator could have properly ruled in the claimant's favour. 2009‑01‑14 21:42:08 2004 cases, Brief summary, ECHR, Repatriation cases, Transcript


Morsink v The Netherlands 48865/99 [2004] ECHR 197Transfer from prison to a clinic was delayed for over 15 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded. 2008‑11‑28 07:17:06 2004 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, Transcript


Brand v The Netherlands 49902/99 [2004] ECHR 196Transfer from prison to a clinic was delayed for 14 months; immediate transfer was not expected but, on the facts, the delay breached Article 5(1) and damages were awarded. 2008‑11‑28 07:05:25 2004 cases, Detailed summary, ECHR, ECHR deprivation of liberty cases, Transcript


R (Anderson) v HM Coroner for Inner North Greater London [2004] EWHC 2729 (Admin) — Unlawful killing verdict relating to restraint while subject to s136 MHA 1983 quashed. 2008‑10‑15 19:23:00 2004 cases, Inquests, No summary, Transcript


Graham v East London and City MH NHS Trust [2004] EWCA Civ 690No evidence of unlawful intent to deprive applicant of her liberty; application refused. 2008‑09‑13 07:11:52 2004 cases, Brief summary, Transcript, Unimportant cases


R (W) v Doncaster Metropolitan Borough Council [2004] EWCA Civ 378 — After-care. 2008‑09‑13 06:29:28 2004 cases, After-care, No summary, Transcript


R (Bartram) v Southend Magistrates Court [2004] EWHC 2691 (Admin) — Section 37. 2008‑09‑12 17:38:36 2004 cases, Hospital order cases, No summary, Transcript


R v Lomey [2004] EWCA Crim 3014CCRC appeal against life sentence; unable now to substitute with s37/41 as no bed and MI no longer of nature or degree; substitution with absolute discharge not justified. 2008‑09‑12 17:35:35 2004 cases, Brief summary, Life sentence cases, Transcript


Sheffield City Council v E [2004] EWHC 2808 (Fam)HUSBAND AND WIFE — Marriage — Capacity to marry — Alleged patient wanting to marry — Local authority wishing to prevent marriage — Whether jurisdiction to apply best interests test. Since to establish capacity to marry required only the ability to understand the nature of the marriage contract and the duties and responsibilities that normally attached to marriage, there was no jurisdiction to consider whether any particular marriage was in an alleged patient's best interests. [ICLR summary.] 2008‑09‑12 17:06:17 2004 cases, Capacity to consent to sexual relations, Detailed summary, Transcript


R (SSHD) v MHRT, re Ogden [2004] EWHC 650 (Admin)HO not notified of hearing so decision to discharge quashed. 2008‑09‑12 16:42:44 2004 cases, Brief summary, Other Tribunal cases, Transcript


R (MH) v Secretary of State for the Department of Health [2004] EWHC 56 (Admin) — This case concerned the operation of s29(4) which extends s2 while s29 displacement proceedings take place. 2008‑02‑22 15:56:49 2004 cases, Displacement, No summary, Transcript


R (Miah) v SSHD [2004] EWHC 2569 (Admin)Criminal sentence continues after s47 (notional s37) transfer, and after discharge from section; as does any licence period and power to recall for breach. 2007‑09‑13 21:54:33 2004 cases, Detailed summary, Prison law cases, Transcript


HL v UK 45508/99 [2004] ECHR 471 — 'Informal' compliant incapacitated patient was deprived of his liberty, with lack of procedural safeguards or access to court, in breach of Art 5(1) and (4). 2007‑02‑07 20:29:00 2004 cases, Detailed summary, ECHR, ECHR deprivation of liberty cases, Transcript


R (AL) v SSHD [2004] EWHC 1025 (Admin)Can be recalled for a mental disorder of any classification 2007‑02‑06 18:33:33 2004 cases, Brief summary, Other classification cases, Transcript


R (SSHD) v MHRT, re Wilson [2004] EWHC 1029 (Admin)MHRT found that patient did not suffer from psychopathic disorder and directed absolute discharge; their decision was quashed because they had failed to consider conditional discharge criteria (i.e. whether patient should remain liable to be recalled for further treatment). Also: MHRT had no power to defer absolute discharge; had failed to explain why they rejected the RMO's evidence; and had misunderstood the legal definition of treatability. 2007‑02‑06 18:17:47 2004 cases, Absolute or conditional discharge, Brief summary, Transcript


R (LI) v MHRT [2004] EWHC 51 (Admin) — Successful reasons challenge. 2006‑04‑16 11:16:52 2004 cases, No summary, Reasons, Transcript


R (Mersey Care NHS Trust) v MHRT, re Brady [2004] EWHC 1749 (Admin)Tribunal decision to allow public hearing was flawed. 2006‑04‑15 20:08:03 2004 cases, Brief summary, Publicity, Transcript


R (D) v SSHD [2004] EWHC 2857 (Admin) — Delay in transfer between hospitals. 2006‑04‑15 20:03:12 2004 cases, Miscellaneous, No summary, Transcript


R (MH) v Secretary of State for the Department of Health [2004] EWCA Civ 1609 — Sections 2 and 29(4) incompatible with Article 5(4) ECHR (subsequently overruled by HL). 2006‑04‑15 19:55:44 2004 cases, Displacement, No summary, Transcript


R (PD) v West Midlands and North West MHRT [2004] EWCA Civ 311No appearance of bias when Tribunal medical member was employed by same Trust. 2006‑04‑15 19:44:26 2004 cases, Bias, Brief summary, Transcript


R (CS) v MHRT [2004] EWHC 2958 (Admin)Unsuccessful challenge to Tribunal's decision not to discharge patient who was on long-term section 17 leave. 2006‑04‑15 19:34:55 2004 cases, Brief summary, Other Tribunal cases, Transcript


R (G) v Mental Health Review Tribunal [2004] EWHC 2193 (Admin)The Tribunal were right to conclude that the conditions which the claimant patient contended for (continued residence at Thornford Park) would be a deprivation, rather than a restriction, of his liberty. The patient's consent to this continuing deprivation of liberty would not confer jurisdiction on the Tribunal.' 2006‑04‑10 20:46:03 2004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Judgment available on Bailii, Transcript


R (SSHD) v MHRT, re MP (2004) EWHC 2194Conditions attached to conditional discharge of restricted patients must not be so severe as to deprive the patient of his liberty (as opposed to merely restricting it). In this case the condition that the patient may not leave a hostel without escorts deprived him of his liberty. Re PH distinguished: the purpose of the restrictions (and the hope in PH that the need for them might diminish) was different. 2006‑04‑10 20:33:12 2004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Judgment missing from Bailii, Transcript


Article titles

The following 37 pages are in this category.