Category

Judgment missing from Bailii

This page lists cases which (a) have a neutral citation number, (b) use the bailii template (this applies to all relatively recent decisions and a few older ones), and (c) have no transcript on Bailii.

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
* Testamentary capacity Clitheroe v Bond [2020] EWHC 1185 (Ch)"This is a bitter family dispute between the Claimant brother and Defendant sister as to whether their mother, the deceased, had testamentary capacity to make each of her two wills and in addition or in the alternative whether either or both wills resulted from fraudulent calumny." 2020‑05‑21 21:42:00 Judgment missing from Bailii, Cases, 2020 cases, Testamentary capacity cases


* MHT/Parole Board delay R (LV) v SSJ [2012] EWHC 3899 (Admin)"This is a renewed application for permission to apply for judicial review challenging delay, it is said, on the part of the Secretary of State for Justice and the Parole Board in fixing a hearing of the Parole Board." 2019‑03‑23 16:07:39 2012 cases, Cases, Judgment available on MHLO, Judgment missing from Bailii, Prison law cases, Transcript


* Australian case on capacity and ECT PBU v Mental Health Tribunal (2018) VSC 564Headnotes from judgment: (1) "ADMINISTRATIVE LAW – appeal – decisions of Victorian Civil and Administrative Tribunal (‘VCAT’) that two persons with mental illness be compulsorily subjected to electroconvulsive treatment (‘ECT’) – determination that they lacked the capacity to give informed consent to or refuse treatment – whether VCAT properly interpreted and applied requirement that person be able to ‘use or weigh’ information relevant to decision – further requirement that there be no less restrictive way for the person to be treated – whether this requirement only met where treatment immediately needed to prevent serious deterioration in person’s health or serious self-harm or harm to another – ‘capacity to give informed consent’ – Mental Health Act 2014 (Vic) ss 68, 69, 70, 72, 93 and 96." (2) "HUMAN RIGHTS – two persons having mental disability found by VCAT to lack capacity to give informed consent to or refuse ECT – whether incompatible with human rights to self-determination, to be free of non-consensual medical treatment and to personal inviolability – assessing capacity compatibly with those rights and the right to health – applicable principles – dignity of risk – Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 8(3), 10(c), 13(a), International Covenant on Economic, Social and Cultural Rights art 12(1), Convention on the Rights of Persons with Disabilities arts 12(4), 24." 2019‑02‑04 14:50:50 2018 cases, Cases, Judgment missing from Bailii, Medical treatment cases


Lucia Benyu v Solicitors Regulation Authority [2015] EWHC 4085 (Admin), [2015] MHLO 137 — "This is the adjourned hearing of the Appellant's appeal brought pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal ('SDT') dated 3/10/14, striking the Appellant off the Roll of Solicitors and ordering her to pay costs in the sum of £48,000. The decision followed a full three day hearing at which the Appellant was represented by experienced counsel, although she has indicated that she has now made a complaint against that counsel. The SDT found the Appellant to have been dishonest to the criminal standard. But it went on to say that the seriousness of her misconduct was such that it would have struck her off even if it had not made such a finding. ... The Appellant acted in person at the substantive appeal hearing. She has not attended for the hand down of this judgment, although she is fully on notice of it. She invites the court to the set aside the SDT's order; or, alternatively, to strike her off with no dishonesty attached." 2016‑08‑27 22:27:41 2015 cases, Judgment missing from Bailii, No summary, SRA decisions, Transcript


Re AS [2015] EWCOP 79, [2015] MHLO 124 — "This is YB's application to be appointed as AS's deputy for property and affairs in place of the existing deputy, the London Borough of Islington. ... I have decided to maintain the status quo and to dismiss this application." 2015‑12‑22 20:36:58 2015 cases, Deputyship cases, Judgment available on Bailii, Judgment missing from Bailii, No summary, Transcript


R (MT) v Oxford City Council [2015] EWHC 795 (Admin), [2015] MHLO 47The claimant's application via his deputy to the defendant as homeless was rejected on the basis that his lack of capacity to make such an application meant that there was no duty under Part 7 of the Housing Act 1996. (1) The claimant's argument that Article 14 (with Article 8) meant the otherwise-binding House of Lords decision in Garlick should not be followed was unsuccessful. (2) In any event, it is not discriminatory to provide two different systems for provision of accommodation (the system potentially available to MT was at that time s21 National Assistance Act 1948). 2015‑06‑26 22:53:16 2015 cases, Brief summary, Judgment missing from Bailii, Other capacity cases, Transcript


LBX v K, L and M [2012] EWHC 439 (Fam), [2012] MHLO 185 — "The central issue that I have to determine is whether it is in L’s best interests that he should remain in supported living accommodation or return home. He has been living in supported accommodation called the J placement, on a trial basis, since 24th August 2011. The LBX submit that L should remain in supported living accommodation; this is supported by the OS on behalf of L and by M. K contends that L should return to live with him as this accords with his wishes or his wishes are difficult to determine and all the stated benefits that are relied on to support the decision for L to live in supported living accommodation can be achieved by L living at home, with all the additional benefits that living within the family brings L." 2014‑11‑08 20:41:30 2012 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


LBX v K, L and M [2011] EWHC 2419 (Fam) — "The issues to be determined at this hearing are: (i) whether it is in L’s best interest to move to supported living accommodation on a trial basis; (ii) whether the hearing listed in September 2011 is required and, (iii) any further directions." 2014‑11‑08 20:37:25 2011 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


LBX v K, L and M [2010] EWHC 2422 (COP) — A summary will be added when the judgment has been located. 2014‑11‑08 20:28:05 2010 cases, Judgment missing from Bailii, No summary, No transcript, Other capacity cases


Derbyshire County Council v Kathleen Danby [2014] EWCOP B22, [2014] MHLO 73 — "Before me today the local authority contends that this Respondent Grandmother, Kathleen Danby, is in breach to a significant degree of the injunction granted by Her Honour Judge Thomas. ... Accordingly, I take a serious view of the behaviour of Kathleen Danby and it is plain to me that unless restrained by serious punishment she will simply continue to behave the way she has. I remind myself that the case of Hale v. Tanner sets out that punishment is not the aim of the court, but rather to express its concern at breaches of its orders and the need to effect protection. In those circumstances, in my judgment, there should be a suitable punishment. ... In the circumstances for each and every one of these breaches of the injunction I shall sentence this lady to three months' imprisonment concurrently. I shall issue a warrant for her arrest and list the matter for review, I think in two months' time, unless Miss Cavanagh tells me that it is a wrong date to choose, in which case I shall listen to what she has to say. I shall direct that this lady can come before the court, mitigate and try to persuade me to take a different view if she can justify her behaviour and explain to me what she has done and why it is not as bad as I see it to be." 2014‑08‑01 11:46:10 2014 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


Re X, Y and Z (Minors) [2014] EWHC 872 (COP), [2014] MHLO 6 — "On 20th and 29th November 2013, sitting as a judge in the Family Division and in the Court of Protection, I made final orders by consent in two conjoined proceedings (1) under Part IV of the Children Act 1989 care orders in respect of three children and (2) under the Mental Capacity Act 2005 authorising the payment of sums to facilitate the care of the children from funds held in trust for their mother who is a person lacking capacity within the meaning of the 2005 Act. This judgment sets out the reasons for making those orders." 2014‑03‑04 14:50:58 2014 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


R v Kenyon (Lindsay) [2013] EWCA Crim 2123, [2013] MHLO 135Unsuccessful appeal against eight-month sentence for eight offences of neglect of a person who lacks capacity contrary to MCA 2005 s44. 2013‑12‑30 22:14:53 2013 cases, Brief summary, Criminal law capacity cases, Judgment missing from Bailii, Transcript


R v Fry (David George) [2013] EWCA Crim 2337, [2013] MHLO 126Unsuccessful appeal against conviction. Summary from judgment: "The central complaints are that his legal team (a) failed to ensure that he was mentally and/or emotionally able to decide whether or not on give evidence; (b) failed to ensure that he properly understood that an adverse inference might be drawn by the jury if he did not give evidence; (c) failed to ensure that he properly understood that if he did not give evidence the jury would have no account from him as to the allegation made by SB, given that he had declined to answer questions during his police interview about those allegations; (d) failed to make the judge aware of his mental difficulties before she decided whether or not the jury should be directed that they might, subject to various conditions, draw an adverse inference from his failure to give evidence; (e) failed to place evidence of his mental condition before the jury to explain his failure to give evidence; and (f) in the circumstances to which we have referred gave him flawed advice not to give evidence." 2013‑12‑30 11:15:21 2013 cases, Judgment missing from Bailii, No summary, Other criminal law cases, Transcript


YLA v PM [2013] EWHC 4020 (COP), [2013] MHLO 114There was a very significant possibility that PM married YLA and had a child with her for reasons solely to do with his immigration status. Parker J made interim declarations including that YLA lacked capacity to consent to sexual relations or marriage, or to decide where she should live, and provided general guidance on such forced marriage cases. 2013‑12‑16 15:26:25 2013 cases, Brief summary, Capacity to consent to sexual relations, Judgment available on Bailii, Judgment missing from Bailii, Transcript


R (Muaza) v SSHD [2013] EWHC 3764 (Admin), [2013] MHLO 112 — "These two cases raise common issues over the lawfulness of the exercise by the Secretary of State for the Home Department of her powers of detention in respect of immigration detainees whose refusal to take food and fluids causes them life threatening physical conditions, and over whether there comes a stage at which such a detainee's continued detention after the refusal to take food or fluids involves a breach of rights under Articles 2 and 3 of the European Convention on Human Rights." [Summary required.] 2013‑12‑15 13:54:35 2013 cases, Judgment missing from Bailii, No summary, Repatriation cases, Transcript


Re Devillebichot (deceased) [2013] EWHC 2867 (Ch), [2013] MHLO 107The testator had capacity to make his will and (although subject to persuasion) had not been under undue influence. 2013‑12‑12 20:30:22 2013 cases, Brief summary, Judgment missing from Bailii, Other capacity cases, Transcript


Re P (A Child) [2013] EWHC 4383 (Fam), [2013] MHLO 106 — Decision of Charles J on reporting restrictions in 'forced caesarian' case. [Summary required.] 2013‑12‑11 22:51:58 2013 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


R v Edgington [2013] EWCA Crim 2185, [2013] MHLO 102The appellant had been sentenced to life imprisonment for murder and attempted murder, with a minimum term of 37 years. (1) Appeal against conviction dismissed, as the judge was not wrong to prevent counsel from re-examining the defence expert on whether she would 'as a matter of practice ... ever be released' from a hospital order. (2) Appeal against sentence dismissed as it was not manifestly excessive. 2013‑12‑03 14:57:56 2013 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


R (Z) v Camden and Islington NHS Foundation Trust [2013] EWCA Civ 1425, [2013] MHLO 100Unsuccessful challenge to (1) detention under s2 (a subsequent tribunal decision to discharge was consistent with a lawful initial detention) and (2) decision not to hold hospital managers' hearing (it was reasonable to wait a few days for the tribunal). 2013‑11‑19 23:10:58 2013 cases, Brief summary, Judgment missing from Bailii, Miscellaneous, Transcript


* MHT/PB delay R (LV) v SSJ [2013] EWCA Civ 1086The applicant had been given an IPP sentence then transferred to hospital under s47/49. On 12/12/11 the MHT decided she met the criteria for conditional discharge. The dossier reached the Parole Board on 29/3/12, and the hearing was arranged for 12/3/13. She claimed a breach of Article 5(4) during: (a) the period before the dossier was ready, when no judicial body was responsible for supervising her progress and the potentiality for release, and (b) the subsequent long period until the Parole Board met. The Court of Appeal gave permission to apply for judicial review (being simpler than giving permission to appeal the High Court's refusal of permission to apply for judicial review). 2013‑08‑30 21:58:45 2013 cases, Cases, Deprivation of liberty, Judgment available on MHLO, Judgment missing from Bailii, Prison law cases, Transcript


An NHS Trust v DE [2013] EWHC 2562 (Fam), [2013] MHLO 78 (COP) — "In my judgment it is overwhelmingly in DE’s best interests to have a vasectomy. That being said the court does not make such an order lightly, conscious as it is that for the court to make an order permitting the lifelong removal of a person’s fertility for non-medical reasons requires strong justification." [Summary required.] 2013‑08‑16 19:58:06 2013 cases, Judgment available on Bailii, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


A Local Authority v HS [2013] EWHC 2410 (COP), [2013] MHLO 58 — "These applications for costs against the local authority are made by the Official Solicitor on behalf of the First Respondent and by the Third Respondent, HLS, who is the brother of the First Respondent." [Summary required.] 2013‑08‑01 21:49:35 2013 cases, COP costs cases, Judgment missing from Bailii, No summary, Transcript


Re Joan Treadwell (Deceased); OPG v Colin Lutz [2013] EWHC 2409 (COP), [2013] MHLO 57 — "This judgment concerns an application by the Public Guardian to enforce a security bond in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and affairs, Colin Lutz." [Summary required.] 2013‑08‑01 21:43:03 2013 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


Pender v DPP [2013] EWHC 2598 (Admin)An ASBO was imposed with a 'no begging' condition. A Crown Court appeal, based on uncontradicted medical evidence (that the appellant suffered learning difficulties, schizophrenia and severe nicotine addiction, and that begging was the manifestation of nicotine addiction), was unsuccessful. The Court of Appeal allowed an appeal by way of case stated, because the judge had failed to set out the factual basis for her factual conclusion (which was contrary to the medical evidence) that the appellant had been capable of complying with the ASBO. 2013‑03‑26 17:42:34 Judgment missing from Bailii


DO v LBH [2012] EWHC 4044 (Admin), [2012] MHLO 165 — "I have before me listed two applications for permission to bring judicial review proceedings and/or for directions against a local authority (LBH) and another interested party, ostensibly in the name of DO, by his sister (EC), the applicant as his Litigation Friend in one of the applications and by both as claimants in respect of the other. ... EC may not agree with the order being made in the Court of Protection proceedings but that does not justify, in my judgment, proceeding by way of judicial review rather than by application or appeal in the Court of Protection proceedings." [Summary required.] 2013‑03‑25 23:05:31 2012 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


Re P (abortion) [2013] EWHC 50 (COP), [2013] MHLO 1(1) The solicitor who was one of P's deputies queried whether P had capacity in relation to whether to continue with her pregnancy or have an abortion. (2) Hedley J held that she manifestly lacked litigation capacity but did have capacity in relation to continuing the pregnancy. (3) Generally courts and health officials should not try to decide whether P would be able to bring up a child but should instead concentrate solely on whether the pregnancy itself is in her best interests (the reasoning being that once a child is born, if the mother does not have the ability to care for a child, society has perfectly adequate processes to deal with that). (4) The judge also stated that '[t]he purpose of [mental capacity legislation] is not to dress an incapacitated person in cotton wool but to allow them to make the same mistakes that all other human beings are able to make and not infrequently do'. [Summary based on press article; judgment now available.] 2013‑01‑25 11:36:58 2013 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


R v Fletcher [2012] EWCA Crim 2777, [2012] MHLO 161IPP sentence quashed and a restricted hospital order substituted in its place: the judge had not properly been informed as to the appellant's mental state, because the original reports focussed on mental illness (which the appellant did not suffer from) rather than learning disability (which he did). 2013‑01‑07 16:47:26 2012 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


Re L; The NHS Trust v L [2012] EWHC 2741 (COP), [2012] MHLO 159The Trust sought a declaration that it was not in the best interests of L to be the subject of forcible feeding or medical treatment notwithstanding that in the absence of such nutrition and treatment she would inevitably die. The court declared (to paraphrase) that: (1) L lacked capacity to litigate and to make decisions in relation to the serious medical treatment at issue, specifically, (a) nutrition and hydration, and (b) dextrose for hypoglycaemic episodes. (2) L had capacity to make decisions as to anti-biotic treatment, analgesia and treatment of her pressure sores. (3) In L's best interests, the clinicians were permitted: (a) to provide nutrition and hydration and medical treatment where L complies; (b) to administer dextrose solution to L despite her objections where immediately necessary to save life; (c) not to provide L with nutrition and hydration with which she does not comply (all reasonable steps to gain L's co-operation having been taken); (d) to provide palliative care in the terminal stage of L's illness. 2012‑12‑23 00:30:19 2012 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


R v Channer [2012] EWCA Crim 1667, [2012] MHLO 157IPP sentence with minimum term of 23 months quashed and restricted hospital order substituted in its place. 2012‑12‑21 01:00:13 2012 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


R v Searles [2012] EWCA Crim 2685, [2012] MHLO 156Custodial sentence of two years' detention in a young offender institution quashed and unrestricted hospital order substituted in its place. 2012‑12‑21 00:44:16 2012 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


R v Searles [2012] EWCA Crim 1839, [2012] MHLO 155Criminal appeal adjourned for second medical report in relation to the making of a hospital order. 2012‑12‑21 00:40:54 2012 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


G v DPP [2012] EWHC 3174 (Admin), [2012] MHLO 140At the Youth Court it had been argued that the case should be stayed since it would be an abuse of the court's process to proceed to an adjudication when the appellant was unfit to plead, to participate in his trial and to instruct his defence. Having heard medical evidence from both sides, the District Judge declined to stay the proceedings, arranged for the appointment of an intermediary and accepted the intermediary's advice as to the way in which the appellant should be assisted during the course of the hearing; he found the charge proved. This was an appeal by way of case stated in relation to the appellant's conviction at the Youth Court. (1) The High Court set out the rules for appeals and commented that the way in which the appeal had been prepared is was lamentable. (2) The District Judge had correctly followed the guidance (from DPP v P) for proceedings in the Youth Court in which capacity is relevant. (3) The defence expert confused the propriety of a prosecution with the ability to understand the nature of proceedings and communicate instructions and the District Judge was entitled to disagree with her. 2012‑12‑19 23:22:42 2012 cases, Brief summary, Criminal law capacity cases, Judgment missing from Bailii, Transcript


AG's reference (no 60 of 2012) sub nom R v Edwards [2012] EWCA Crim 2746, [2012] MHLO 135 — "This is a case which presented to the judge an intractable but by no means unknown sentencing problem. ... The intractable difficulty presented by this defendant and by, sadly, a number of others is this: he has a variety of personality disorders, but the doctors all report that there is no medical treatment available." [Summary required.] 2012‑12‑19 18:49:07 2012 cases, Judgment missing from Bailii, No summary, Sentence appeal cases, Transcript


Calvert v Clydesdale Bank Plc [2012] EWCA Civ 962, [2012] MHLO 131There is no requirement for a mortgagor to give consent or to be capable of giving consent at the time when the security is enforced. Accordingly, the bank were entitled to enforce their mortgage (by the appointment of receivers who sold the property) despite the mortgagor's lack of capacity. 2012‑12‑18 23:30:21 2012 cases, Brief summary, Judgment missing from Bailii, Other capacity cases, Transcript


LB Haringey v FG (No. 1) [2011] EWHC 3932 (COP) — "In this case there are a number of matters: does H have capacity to conduct litigation; does she have capacity to decide where she should live, or capacity to decide where she should be educated, or capacity to decide on the extent of the contact and relationship she should have with her natural family; capacity to deal with her financial affairs, or to enter into what has been described as a tenancy agreement, and capacity in a sense to judge her own best interests in those respects?" [Summary required.] 2012‑05‑05 12:50:35 2011 cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


R (W) v Dr Larkin [2012] EWHC 556 (Admin), [2012] MHLO 23A warrant for the claimant's transfer to prison was issued on the RC's advice in the context of Broadmoor's DSPD unit being about to close on 29/3/12. (1) It is not unlawful for an RC to tick both the 'no longer requires treatment in hospital for mental disorder' and the 'no effective treatment for his disorder can be given in the hospital to which he has been removed' boxes on the s50 proforma. (2) There was no evidence that the views expressed on the form were not those of the RC or that he had subordinated his clinical judgment to expediency or national strategies. (3) No relief would have been granted even had there been unlawfulness: the claimant had to leave Broadmoor, no MSU would then take him, so he had to return to prison in any event. 2012‑03‑20 22:07:58 2012 cases, Brief summary, Judgment missing from Bailii, Miscellaneous, Transcript


R v Lucas [2012] EWCA Crim 182, [2012] MHLO 16The renewed application for extension of time (the delay being caused by the appellant pondering negative legal advice before deciding to appeal anyway) in which to apply for leave to appeal against restriction order was refused, as there was ample material to justify the restriction order. 2012‑03‑05 20:47:40 2012 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


R v Chiles [2012] EWCA Crim 196, [2012] MHLO 10The judge should not have should not have taken into account her concerns about the future of the NHS (she had said, 'I cannot be confident in the current fluctuating state of the NHS that the security that the public needs to be protected from you will be ensured unless there is an another government department which has input into the issue of your release and that is what I will achieve by the section 41 order') but there was ample material to justify the conclusion that a restriction order was necessary for the protection of the public from serious harm. 2012‑03‑01 22:27:40 2012 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


Re M [2011] EWHC 3590 (COP)Under MCA 2005 s63 and schedule 3, which incorporates the Hague Convention on the International Protection of Adults 2000 into domestic law, the High Court recognised and gave effect to an order of the Southern Irish High Court which required M's transfer to and treatment at an English psychiatric hospital. 2012‑02‑04 17:51:15 2011 cases, Brief summary, Judgment missing from Bailii, Other capacity cases, Transcript


Re S (Adult Patient) (Inherent Jurisdiction: Family Life); Sheffield City Council v S [2002] EWHC 2278 (Fam) — Dispute between a local authority and S‘s father, DS, as to where S should live: prior to the events which precipitated the proceedings, S had always lived at home with DS. [Summary required.] 2011‑12‑10 13:00:54 2002 cases, Best interests, Judgment missing from Bailii, No summary, Transcript


R (Baisden) v Leicester City Council [2011] EWHC 3219 (Admin) — Section 117 and accommodation. [Summary required.] 2011‑12‑08 21:20:37 2011 cases, After-care, Judgment missing from Bailii, No summary, Transcript


R v Shah [2011] EWCA Crim 2333Following a special verdict of not guilty by reason of insanity, a restricted hospital order was imposed; an appeal, relying on post-sentence medical evidence, was made against the restriction order. (1) In exceptional cases the court can consider good progress after sentencing, but in this case the task was to decide whether, on the material before him on the date of sentence, the judge's sentence was wrong in principle or manifestly excessive: it was not. (2) The sentence provides a mechanism for release by a Tribunal from the restriction order and the full rigour therefore of the hospital order [this is incorrect], so the appeal court should not taken over the function of that body. 2011‑11‑21 23:00:06 2011 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


R v Goucher [2011] EWCA Crim 2473On appeal, the restriction order was quashed: the judge had applied the correct test (whether it was necessary to protect the public from serious harm) but, as confirmed by a psychiatric report prepared for the appeal, he had got the answer wrong. [Summary based on All ER (D) report.] 2011‑11‑21 20:08:44 2011 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


R v Heaney [2011] EWCA Crim 2682The appellant had been convicted of two offences under MCA 2005 s44 and sentenced to consecutive 3- and 6-month sentences of imprisonment; on appeal, these were ordered to be served concurrently. The court took into account that 'neither of the victims in fact sustained any distress or injury and they were very short incidents', that the consequences for the appellant had been grave because she had lost her career, that she was a middle-aged woman with two young daughters, and that she was of previous good character. 2011‑11‑21 18:27:21 2011 cases, Brief summary, Criminal law capacity cases, Judgment missing from Bailii, Other capacity cases, Transcript


De Louville De Toucy v Bonhams 1793 Ltd [2011] EWHC 3809 (Ch)(1) There was no inconsistency between the Insolvency Rules (defining an 'incapacitated person') and the CPR (defining a 'protected party'). (2) The registrar should not have declared the claimant bankrupt: he ought to have (a) been aware that the claimant was incapable, (b) adjourned the case for a representative or litigation friend to be appointed, and (c) heard representations from such a person. (3) On the evidence, the financial situation was complex and, without proper investigation, it was impossible to be sure that it was appropriate to make a bankruptcy order, so the order was set aside and the matter referred to the registrar to be heard again. [Summary based on All ER (D) report.] 2011‑11‑14 21:40:38 2011 cases, Brief summary, Judgment missing from Bailii, No transcript, Other capacity cases


R v Clark [2011] EWCA Crim 2516The defendant appealed against a sentence of 56 months' imprisonment for GBH (financial worries had led him to decide to kill his wife and himself). The sentencing guidelines could never have been intended to apply to such an exceptional case; the sentence was replaced with a community rehabilitation order with a mental health treatment requirement. 2011‑11‑14 20:55:09 2011 cases, Brief summary, Judgment missing from Bailii, Sentence appeal cases, Transcript


Re GM; FP v GM and A Health Board [2011] EWHC 2778 (COP)This was an application for a DOLS standard authorisation to be discharged, thus permitting GM, on discharge from hospital, to return to his home rather than be sent to an EMI home. (1) For there to be an order preventing GM from returning home (in practice, permanently) it would have to be 'so contrary to his interests to return that the court must not even contemplate seriously a placement' at home. (2) Factors in favour of a return home included: the 'emotional dimension'; GM's short life expectancy, and the fact that a move to EMI accommodation would be permanent; and Article 8 considerations. (3) Factors against were: the probability of a lesser quality of physical care at home; the risk of risk of breakdown and conflict; and the risk of deterioration, for instance in sleep pattern. (4) The DOLS authorisation was discharged. (5) As GM was ready for discharge from hospital, and the decision would have permanent effect, Hedley J decided the issue in one day in January instead of waiting for a five-day hearing in May (before a DJ) or October (before a High Court judge). He commented that 'it seems to me that it is absolutely essential that the Court of Protection establishes a practice that these interim cases must be dealt with quickly, and, having regard to the demands on the system generally, proportionately, that is to say almost certainly without detailed oral evidence.' 2011‑10‑26 23:07:59 2011 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


Re S; D v R (the deputy of S) [2010] EWHC 3748 (COP)Costs judgment in Court of Protection: (1) up to the December 2009 hearing, because the proceedings had been necessary, the normal rule that costs were to be paid by S's estate was to apply, but (2) from that point onwards, because of her conduct of proceedings, Mrs D was to bear her own costs, plus 75% of the Deputy's costs on the standard (not indemnity) basis. 2011‑10‑16 22:10:15 2010 cases, Brief summary, COP costs cases, Judgment missing from Bailii, Transcript


R v Abdi [2011] EWCA Crim 2179Unsuccessful appeal against s41 restriction order. 2011‑10‑13 22:43:27 2011 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


Magritz v Public Prosecutors Office Bremen [2011] EWHC 1861 (Admin)In relation to the claimant's extradition, where the sentence was for him to be 'placed in a psychiatric hospital for an indefinite period of time': (1) section 25 of the Extradition Act 2003 (the purpose of which is to protect a requested person whose physical or mental health is so poor that the act of extradition would be oppressive or unjust) was not engaged; and (2) there would be no breach of Article 3, Article 5 or Article 8. 2011‑08‑22 22:04:18 2011 cases, Brief summary, Judgment missing from Bailii, Repatriation cases, Transcript


R (Francis) v West Midlands Probation Board [2010] EWCA Civ 955 — Permission to appeal in relation to two issues granted: (1) 'The first concerns the relationship between the Parole Board, the Probation Service acting through one or more of its regional boards, MAPPA, and the prisoner who is serving a life sentence, when it comes to considering his life after release'; (2) 'The second issue concerns the rights of the appellant and Ms Kemp under Article 8'. [Summary required.] 2011‑08‑09 19:55:49 2010 cases, Judgment missing from Bailii, No summary, Prison law cases, Transcript


Re DU; A NHS Trust v DU [2009] EWHC 3504 (Fam) — It was in DU’s best interests to be permitted to return to Nigeria subject to the making of practicable arrangements. [Official summary available.] 2011‑07‑31 21:39:08 2009 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


R v Hopkins; R v Priest [2011] EWCA Crim 1513 — Prosecution under MCA 2005 s44. [Summary required.] 2011‑07‑18 22:30:54 2011 cases, Criminal law capacity cases, Judgment missing from Bailii, No summary, Other capacity cases, Transcript


R v Goucher [2011] EWCA Crim 1456The hearing of an application for an extension of time and for permission to appeal against a restricted hospital order was adjourned in order to obtain evidence from the new Responsible Clinician. 2011‑06‑22 20:01:22 2011 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


B v Croydon Health Authority [1995] Fam 133(1) Medical treatment for mental disorder under s63 includes treatment of the symptoms of the disorder (as well as the disorder itself) and includes a range of acts ancillary to the core treatment; (2) on the facts, nasogastric feeding was treatment ancillary to treatment for psychopathic disorder. 2011‑05‑29 15:05:04 Judgment missing from Bailii


R (Monday) v SSHD [2010] EWHC 3079 (Admin)There was no prospect (for psychiatric reasons) of deportation of the claimant within a reasonable period, so ongoing detention would be unlawful. 2011‑04‑30 20:03:48 2010 cases, Brief summary, Judgment missing from Bailii, Repatriation cases, Transcript


R v Chowdhury [2011] EWCA Crim 936The judge imposed a restriction order (contrary to the medical recommendations) because of the serious nature of the offence and his concerns about previous non-compliance. The Court of Appeal were willing to quash the restriction order if the appellant made the following undertakings: to surrender his Bangladeshi passport; not to apply for another Bangladeshi passport; to surrender his UK passport; not to apply for another UK passport; not to apply for any other travel documents; and to give irrevocable instructions that such documents are not to be returned to him without the written consent of his treating psychiatrist. 2011‑04‑30 17:31:33 2011 cases, Brief summary, Judgment missing from Bailii, Restriction order cases, Transcript


R v PA [2010] EWCA Crim 3121The appellant appealed against a sentence of 18 months' imprisonment as being excessive; then, following her transfer to hospital she instead sought a community order with a mental health requirement. Her mental condition, and lack of insight, led to the conclusion that a hospital order was required to ensure that she continued to receive treatment. 2011‑04‑09 17:31:05 2011 cases, Brief summary, Judgment missing from Bailii, Transcript


R v O [2011] EWCA Crim 376Life sentence quashed and s37/41 restricted hospital order substituted. The life sentence had been passed in the context of confusion about bed availability, and the lack of a second s37 recommendation. There was utility in making the Appellant a patient rather than a prisoner because: (1) it was manifestly the right order to make on all the evidence; (2) there were advantages in terms of treatment; (3) it had advantages to the Appellant in terms of benefits; (4) it would best ensure the protection of the public. 2011‑04‑09 16:54:58 2011 cases, Brief summary, Judgment missing from Bailii, Life sentence cases, Transcript


V v R [2011] EWHC 822 (QB)Litigation capacity. The experts agreed that, as a result of her impulsive nature, V lacked capacity to manage her financial affairs; however, they disagreed on whether she had litigation capacity. The critical future decisions would be in connection with settlement offers (including the global value of the claim, provisional damages and periodical payments) albeit in the conext of the common understanding that she would not have unfettered access to the money. V would have difficulties in weighing the evidence and making decisions, but they could be ameliorated, if not entirely overcome, by the careful and structured support that the statute contemplates: the decisions would be made in the presence of her mother and lawyers; there was no suggestion that V would be left to make decisions on her own. On balance she did not lack capacity to ligitate. 2011‑04‑09 15:14:40 2011 cases, Brief summary, Judgment missing from Bailii, Other capacity cases, Transcript


R (Woods) v Rochdale MBC [2009] EWHC 323 (Admin) — Unsuccessful JR of alleged failure to comply with obligations under the NHS and Community Care Act 1990 to assess the claimant's needs and to provide the resources to meet those needs. [Summary required.] 2011‑03‑30 22:01:47 2009 cases, Community care, Judgment missing from Bailii, No summary, Transcript


Re P; A Local Authority v PB [2011] EWHC 502 (COP)(1) The judge's view was that in exercising a welfare or best interests jurisdiction (whether under the Children Act, under the inherent jurisdiction, or under the MCA) the court is choosing between available options; a point then arises whether the COP can add to the available options (by application of public law and HRA tests in the private law proceedings) or whether judicial review is necessary; these jurisdictional issues should be addressed well before a case comes on for final hearing, so that the relevant authority does not refuse to provide the services after the court has decided that they are in P's best interests; in this case there may be a further hearing to decide the issue. (2) At an appropriate stage in most COP welfare cases, a direction along the following lines should be given (paraphrased) - Each party shall serve a document on the other setting out (a) the facts he asks the court to find, the disputed facts he asserts the court need not determine, and the findings that he invites the court to find by reference to the former facts; (b) the investigations he has made of alternative care and thence the alternatives he asserts should be considered (and by whom the relevant services should be provided); (c) by reference to (a) and (b), the factors he asserts the court should take into account; (d) the relief sought and why he asserts the factors support the granting of that relief; (e) the relevant issues of law. (3) Procedural/substantive fairness did not require overnight contact at the mother's home before the final hearing, and this would not be in P's best interests 2011‑03‑29 21:24:38 2011 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


Re CW; A Primary Care Trust v CW [2010] EWHC 3448 (COP)(1) Medical treatment is of no benefit to a person in a persistent vegetative state because he is not sentient and has no prospect of recovery; whether the withdrawal of life-sustaining treatment measures is in P's best interests depends on whether the diagnosis of PVS is correct; if it is correct then the provision of any treatment is futile and cannot be in his best interests. (2) CW was in a persistent vegetative state with no prospect of recovery; it was in his best interests for artificial nutrition and hydration to be withheld, which could be done lawfully; it was in his best interests to receive treatment and nursing care to ensure that he retains the greatest dignity possible until death. 2011‑03‑02 17:44:09 2011 cases, Best interests, Brief summary, Judgment missing from Bailii, Transcript


Haworth v Cartmel and HMRC [2011] EWHC 36 (Ch)Disability Discrimination Act, and lack of capacity, used to annul bankruptcy order. 2011‑02‑24 20:51:39 2011 cases, Detailed summary, Judgment missing from Bailii, Other capacity cases, Transcript


Massie v H [2011] EWCA Civ 115The general rule is that an appeal shall lie from a decision of a county court to the High Court. One exception is for final decisions in Part 7 CPR multi-track cases, which go to the Court of Appeal. (1) This exception does not apply in nearest relative displacement cases under s29 MHA as the application is made under Part 8 CPR; no other exception applied. (2) The court declared that it lacked jurisdiction and that a previous consent order was therefore a nullity. (3) Because of the passage of time and costs involved, rather than abandon the matter or simply transfer it to the High Court, the case was transferred to the High Court for one of the Court of Appeal judges to consider it as a High Court judge there and then. 2011‑02‑17 23:12:22 2011 cases, Brief summary, Displacement, Judgment missing from Bailii, Transcript


Re HM; PM v KH [2010] EWHC 3279 (Fam) — PM sentenced to 4 months' imprisonment for contempt of court. [Summary required.] 2011‑01‑06 20:07:06 2010 cases, Best interests, Judgment missing from Bailii, No summary, Transcript


Re HM; PM v KH [2010] EWHC 871 (Fam) — Best interests case. [Transcript and summary required.] 2011‑01‑06 20:03:48 2010 cases, Best interests, Judgment missing from Bailii, No summary, No transcript


R (Martins) v Cannons Park MHRT (1995) 26 BMLR 134The eligibility of an un-recalled conditionally discharged patient to apply to the Tribunal under s75(2) is calculated, not from the date of a deferred conditional discharge decision, but from the date of actual release from detention in hospital under conditional discharge. 2010‑09‑27 22:21:28 Judgment missing from Bailii


SH v NB (Marriage: Consent) [2009] EWHC 3274 (Fam)The marriage between a 27-year-old Pakistani man and a 16-year-old English girl would be valid only if both of the parties had, according to the law of their respective ante-nuptial domiciles, validly consented to marry the other: (1) under Pakistani law the marriage was invalid; (2) under English law, the court declared that the marriage was invalid because the girl's free will had been overborne as a result of the pressure exerted upon her; it was voidable but now too late to issue a decree of nullity. 2010‑07‑23 06:10:42 2009 cases, Brief summary, Judgment missing from Bailii, No transcript, Other capacity cases


Re HM; PM v KH [2008] EWHC 2824 (Fam)It was in the best interests of a young lady without capacity to determine questions of treatment, care and medical treatment to reside at a specialist placement rather than with her father. 2010‑07‑20 16:47:50 2008 cases, Best interests, Detailed summary, Judgment missing from Bailii, Transcript


Re HM; PM v KH [2009] EWHC 2685 (Fam) — Best interests case. [Transcript and summary required.] 2010‑07‑19 20:09:43 2009 cases, Best interests, Judgment missing from Bailii, No summary, No transcript


* Appeal against restriction order R v Osker [2010] EWCA Crim 955Successful appeal against restriction order. 2010‑05‑06 23:12:32 2010 cases, Cases, Judgment available on MHLO, Judgment missing from Bailii, Restriction order cases, Transcript


R (Hagan) v Anglia and Oxfordshire MHRT [1999] MHLR 204In relation to the powers as to classification and reclassification of categories of mental disorder that existed under the MHA 1983 before its amendment by the MHA 2007, the question to be asked as to the use of the power was whether the patient had a mental disorder in a particular category (even if it was in remission) not whether that mental disorder was such as to justify detention. Accordingly, a Tribunal was not required to reclassify a patient who had been detained on the basis of 2 forms of disorder as being detained only under 1 form when the other was in remission and would not justify detention. [MHLR.] 2010‑02‑26 22:32:08 Judgment missing from Bailii


JF v LB Hackney, Re TF (A Child: Guardianship) [1999] MHLR 175A desire to return to an inadequate home is not “seriously irresponsible” and so cannot found a conclusion that there is mental impairment. [MHLR.] 2010‑02‑26 22:11:18 Judgment missing from Bailii


R (Munday) v SSJ [2009] EWHC 3638 (Admin)The MoJ's decision to recall the claimant, although contrary to the RMO's advice, was not Wednesbury unreasonable or otherwise flawed on conventional public law grounds: the disagreement was not on medical grounds but on whether, given the history of arson and recent disengagement, a mere allegation of and arrest for arson was sufficient justification for recall. 2010‑02‑07 16:31:33 2009 cases, Brief summary, Judgment missing from Bailii, Ministry of Justice, No transcript


R (London Borough of Harrow) v Maidstone Crown Court [1999] EWHC Admin 385A Crown Court judge’s purported finding that a defendant was not guilty by reason of insanity was outside his jurisdiction and so not pursuant to the indictment, and so could be challenged by judicial review. [MHLR.] 2009‑04‑11 20:38:41 Judgment missing from Bailii


Merrill v Herefordshire District Council [1999] EWCA Civ 1976It had been within the judge’s discretion not to adjourn displacement proceedings involving a nearest relative alleged to be mentally incapable of acting as nearest relative who sought an adjournment in order to obtain legal representation; and the displacement order was open to the judge on the evidence. It was suggested that the displaced nearest relative had no right to apply to the Mental Health Review Tribunal. [MHLR.] 2009‑04‑11 19:26:45 Judgment missing from Bailii


Re Rodrigues [1997] EWCA Civ 1630 — Unfounded habeas corpus application. 2009‑04‑11 17:30:25 Judgment missing from Bailii


R v Crookes [1999] EWCA Crim 1065On an appeal against a restriction order, the progress made after sentence can be relevant to show that a restriction order, although properly imposed, should be lifted by the Court of Appeal. [MHLR.] 2009‑04‑11 12:20:41 Judgment missing from Bailii


Re Whitbread (No 2) (Habeas Corpus: Continued Detention) [1999] EWHC Admin 2(1) The duty to discharge under s72 following a Tribunal decision to discharge on a future date is subject to s29(4) which provides a further basis for detention during displacement proceedings; (2) The managers' reasons for upholding the RMO's barring certificate were adequate. 2009‑03‑15 17:34:21 Judgment missing from Bailii


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 Judgment missing from Bailii


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 Judgment missing from Bailii


* Capacity to consent to sexual activity R v C [2008] EWCA Crim 1155If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.] 2008‑12‑14 22:51:05 2008 cases, Capacity to consent to sexual relations, Cases, Criminal law capacity cases, Judgment available on MHLO, Judgment missing from Bailii, 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 Judgment missing from Bailii


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 Judgment missing from Bailii


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 Judgment missing from Bailii


R v Antoine [1999] EWCA Crim 1171 — Post-judgment discussion. 2008‑09‑22 06:33:31 Judgment missing from Bailii


R v Antoine [1999] EWCA Crim 1170 — Court of Appeal judgment. 2008‑09‑22 06:33:30 Judgment missing from Bailii


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 Judgment missing from Bailii


R (Baptiste) v Anglia and Oxfordshire Regional MHRT [1997] EWHC Admin 858 — Hearing adjourned. 2008‑09‑13 07:11:06 Judgment missing from Bailii


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 Judgment missing from Bailii


R (S) v Collins [1997] EWHC Admin 156 — Transferred to judge experienced in JR. 2008‑09‑13 06:14:21 Judgment missing from Bailii


R (Kelly) v MHRT Merseyside [1997] EWHC Admin 398 — Breach of rules of natural justice. 2008‑09‑12 16:40:46 Judgment missing from Bailii


R (Demetri) v South West Thames MHRT [1997] EWHC Admin 622 — Reasons. 2008‑09‑12 16:26:35 Judgment missing from Bailii


R (Booth) v MHRT Merseyside [1997] EWHC Admin 816 — Unsuccessful reasons challenge. 2008‑09‑12 16:24:06 Judgment missing from Bailii


R (Manns) v London North and East MHRT [1999] EWHC 497 (Admin)A Tribunal had been entitled to find that there was an enduring mental illness based on symptoms before transfer to hospital and that it was asymptomatic because of a response to medication; this entitled it to reject an opinion in favour of discharge which was based on the view that there was no enduring illness. [MHLR.] 2008‑09‑12 16:22:18 Judgment missing from Bailii


R (Hall) v MHRT [1999] EWCA Civ 2052The fact that there will be delay in the implementation of conditions in a conditional discharge does not mean that they are unlawful; it would have been open to the Tribunal to be proactive in adjourning for reports as to the progress of an aftercare package. [MHLR.] 2008‑09‑12 16:07:52 Judgment missing from Bailii


* Release date R (Evans) v Brockhill Prison [1996] EWHC Admin 234"These applications concern a third situation: where a defendant spends time in custody awaiting trial for more than one offence, and is on conviction sentenced to concurrent or overlapping terms of custody. To what extent is account to be taken, in assessing the term of custody to be served in pursuance of the sentence in that situation, of time spent in custody (otherwise than for some unrelated reason) before the sentences were imposed?" 2008‑09‑12 15:48:16 1996 cases, Cases, Judgment available on MHLO, Judgment missing from Bailii, 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 Judgment missing from Bailii


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 Judgment missing from Bailii


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 Judgment missing from Bailii


R (Wey) v Pathfinder NHS Trust [1999] EWHC Admin 672When the Tribunal has decided on classification, the RMO cannot subsequently reclassify unless there is some change in circumstance of a significant kind which would enable a tribunal to take a different view if the matter were referred to them again. The remedy to the doctor and to the Trust would instead be to apply for judicial review of the decision of the Tribunal 2007‑02‑06 18:36:17 Judgment missing from Bailii


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 Judgment missing from Bailii


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 Judgment missing from Bailii


* 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



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