Not many cases (217 of them) have been added to the database so far. To see the full list of cases (2046) go to the Mental health case law page.
The relevant pages (and summaries) are displayed at the bottom of this page.
Choose a table:
- Cases (219)
- Contact (239)
- Events (354)
- Jobs (59)
- Legislation (78)
- News (385)
- Resources (280)
- All pages (8566)
Use the filters below to narrow your results.
Showing below up to 9 results in range #1 to #9.
|AM (Afghanistan) v SSHD (2017) EWCA Civ 1123||Immigration tribunal - fair hearing, litigation friends||In this judgment the Court of Appeal gave guidance on the general approach to be adopted in FTT and UT immigration and asylum cases to the fair determination of claims for asylum from children, young people and other incapacitated or vulnerable persons whose ability to effectively participate in proceedings may be limited. In relation to litigation friends, despite there being no provision in the tribunal rules for litigation friends, the court decided that: "[T]here is ample flexibility in the tribunal rules to permit a tribunal to appoint a litigation friend in the rare circumstance that the child or incapacitated adult would not be able to represent him/herself and obtain effective access to justice without such a step being taken. In the alternative, even if the tribunal rules are not broad enough to confer that power, the overriding objective in the context of natural justice requires the same conclusion to be reached."|
|Guy's and St Thomas' NHS Foundation Trust v X (2019) EWCOP 35||Pregnancy - OS out-of-hours representation||(1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must be made to issue such applications during normal court hours." (2) Pregnancy: "Having considered the submissions of the parties there is, in my judgment, in accordance with s 48 Mental Capacity Act 2005, reason to believe that X lacks capacity in relation to the matter, namely the medical intervention that may be necessary for X to give birth to a baby who is safe and well. On the evidence the court has from Dr Y, which I accept, his assessment is X is unable to reconcile her conflicting beliefs (on the one hand of wanting a natural birth and also wanting a live, well and safely born baby) in a way that she is able to balance the pros and cons. Additionally, there is, in my judgment, a real risk the position is unlikely to change and is more likely to deteriorate. He concluded X showed limited insight in relation to her previous mental ill- health. I have carefully considered the submissions on behalf of the Official Solicitor regarding capacity but looking at all the evidence and information available to the court I am satisfied the interim declaration should be made."|
|Jhuti v Royal Mail Group Ltd (Practice and Procedure) (2017) UKEAT 0062/17||Litigation friend under employment tribunal rules||Summary from judgment: "While there is no express power provided by the ETA 1996 or the 2013 Rules made under it, the appointment of a litigation friend is within the power to make a case management order in the 2013 Rules as a procedural matter in a case where otherwise a litigant who lacks capacity to conduct litigation would have no means of accessing justice or achieving a remedy for a legal wrong."|
|R (JS) v SSHD (2019) UKUT 64 (IAC)||Litigation friends for children in immigration tribunal proceedings||The Upper Tribunal provided mainly age-based guidance on whether a child applicant in immigration proceedings requires a litigation friend, and on the role of the litigation friend.|
|R (SR) v Huntercombe Maidenhead Hospital (2005) EWHC 2361 (Admin)||Hospital managers and dangerousness||Usually the managers should discharge if they disagree with the RMO's barring report, but there can be exceptions; they have an unfettered discretion.|
|R v C (2008) EWCA Crim 1155||Capacity to consent to sexual activity||If 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.]|
|R v C (2009) UKHL 42||Sexual consent||For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.|
|R v Riverside Mental Health Trust, ex p Huzzey (1998) EWHC Admin 465||Dangerousness criterion and hospital managers||Managers must consider dangerousness criterion when reviewing detention after RMO's barring order, and in almost all circumstances discharge if not satisfied of that criterion.|
|RH v SSWP (2018) UKUT 48 (AAC)||Appointeeship, independent appeals, litigation friends||AACR headnote: "Appointment to act - whether claimant with appointee precluded from bringing an appeal independently - whether First-tier Tribunal having power to appoint a litigation friend"|