Category:1997 cases

The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: 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
* Permission to appeal guidance Smith v Cosworth Casting Processes Ltd [1997] EWCA Civ 1099 — "(1) The court will only refuse leave if satisfied that the applicant has no realistic prospect of succeeding on the appeal. This test is not meant to be any different from that which is sometimes used, which is that the applicant has no arguable case. Why however this court has decided to adopt the former phrase is because the use of the word "realistic" makes it clear that a fanciful prospect or an unrealistic argument is not sufficient. (2) The court can grant the application even if it is not so satisfied. There can be many reasons for granting leave even if the court is not satisfied that the appeal has any prospect of success. For example, the issue may be one which the court considers should in the public interest be examined by this court or, to be more specific, this court may take the view that the case raises an issue where the law requires clarifying."	2023‑03‑23 12:25:07	1997 cases, Cases, Judgment available on Bailii, Miscellaneous cases, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 1997 cases
R v Morris [1997] EWCA Crim 2564 — The 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."	2010‑07‑20 21:33:58	1997 cases, Best interests, Judgment available on Bailii, 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, Judgment available on Bailii, No summary, Other NR cases, Transcript
Re Rodrigues [1997] EWCA Civ 1630 — Unfounded habeas corpus application.	2009‑04‑11 17:30:25	1997 cases, Judgment available offline, Judgment missing from Bailii, 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, Judgment available on Bailii, No summary, Other capacity cases, Transcript
Wall v Sweden 41403/98 [1997] ECHR 201 — The 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, Judgment available on Bailii, Transcript
Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWHC Admin 102 — The 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, Judgment missing from Bailii, Transcript
Re Whitbread (No 1) (Habeas Corpus: Compulsory Admission) [1997] EWCA Civ 1944 — The 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, Judgment available offline, 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	1997 cases, Judgment available offline, Judgment missing from Bailii, Miscellaneous cases, 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, Judgment available on MHLO, Judgment missing from Bailii, Miscellaneous cases, 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, Judgment available offline, Judgment missing from Bailii, 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, Judgment missing from Bailii, 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 available on MHLO, 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, Judgment missing from Bailii, 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, Judgment missing from Bailii, 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, Judgment available on Bailii, 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, Judgment available on MHLO, Judgment missing from Bailii, 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, Judgment available offline, Judgment missing from Bailii, 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, Judgment available offline, Judgment missing from Bailii, No summary, Reasons, Transcript
R (Booth) v MHRT Merseyside [1997] EWHC Admin 816 — Unsuccessful reasons challenge.	2008‑09‑12 16:24:06	1997 cases, Judgment available offline, Judgment missing from Bailii, No summary, Reasons, Transcript
R (Evans) v Brockhill Prison [1997] EWHC Admin 544 — False imprisonment.	2008‑09‑12 15:49:37	1997 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript
Johnson v UK 22520/93 [1997] ECHR 88 — Finding that patient no 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 cases, ECHR, Judgment available on Bailii, 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, Judgment available offline, Judgment missing from Bailii, No summary, Transcript, Treatability test and psychopathic disorder
R (Stewart) v Managers of the NW London MH NHS Trust [1997] EWCA Civ 2201 — Part 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, Judgment available on MHLO, Judgment missing from Bailii, Ministry of Justice cases, Transcript
R (M) v South Thames MHRT [1997] EWHC Admin 797 — Tribunal 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 cases, Detailed summary, Judgment available offline, Judgment missing from Bailii, Transcript
R (Hempstock) v MHRT [1997] EWHC Admin 664 — Tribunal have same powers when reconvening after unfulfilled recommendations as at original hearing.	2006‑04‑16 20:47:09	1997 cases, Brief summary, Judgment available offline, Judgment missing from Bailii, Powers, Transcript

Article titles

The following 28 pages are in this category.

D

Dunbar v Plant (1997) EWCA Civ 2167

J

Johnson v UK 22520/93 (1997) ECHR 88

R

S

Smith v Cosworth Casting Processes Ltd (1997) EWCA Civ 1099

W

Wall v Sweden 41403/98 (1997) ECHR 201