Category:2002 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
Ms B v An NHS Hospital Trust [2002] EWHC 429 (Fam) — "The Claimant, whom I shall call Ms B, seeks declarations from the High Court in its exercise of the inherent jurisdiction. She claims that the invasive treatment which is currently being given by the respondent by way of artificial ventilation is an unlawful trespass. The respondent is the NHS Hospital Trust (the Trust) responsible for the hospital which is currently caring for Ms B, (the Hospital). At the request of the court the Official Solicitor instructed Mr Peter Jackson QC to act as Advocate to the Court. The main issue is whether Ms B has the capacity to make her own decision about her treatment in hospital. Underlying this important issue is the tragic story of an able and talented woman of 43 who has suffered a devastating illness which has caused her to become tetraplegic and whose expressed wish is not to be kept artificially alive by the use of a ventilator." [Paras 1 and 2 of judgment.]	2012‑01‑05 20:31:06	2002 cases, Judgment available on Bailii, No summary, 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.	2011‑12‑10 13:00:54	2002 cases, Best interests, Judgment available on Bailii, Judgment available on MHLO, No summary, Transcript
R (Tagoe-Thompson) v The Hospital Managers of the Park Royal Centre [2002] EWHC 2803 (Admin) — Panel of three hospital managers must be unanimous in order to discharge patient.	2011‑04‑10 10:23:50	2002 cases, Brief summary, Hospital managers hearings, Judgment available on Bailii, Transcript
South West London and St George's Mental Health NHS Trust v W [2002] EWHC 1770 (Admin) — Lawfulness of transfer from prison to hospital (treatability).	2009‑11‑01 21:25:11	2002 cases, Judgment available on Bailii, No summary, Transcript, Treatability test and psychopathic disorder
R v Cornelius (Alan) [2002] EWCA Crim 138 — Extended period of licence reduced from 5 to 2 years on appeal.	2009‑11‑01 21:18:06	2002 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript
R v Czarnota (Michael) [2002] EWCA Crim 785 — Restriction order quashed on appeal.	2009‑11‑01 21:15:04	2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript
R (SSHD) v MHRT, re PG [2002] EWHC 2043 (Admin) — Inadequate reasons.	2009‑11‑01 21:14:08	2002 cases, Judgment available on Bailii, No summary, Reasons, Transcript
R (S) v SSHD and Parole Board [2002] EWHC 2424 (Admin) — Licence recall while on s3.	2009‑10‑31 18:46:40	2002 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript
R (S) v Airedale NHS Trust [2002] EWHC 1780 (Admin) — Seclusion.	2009‑10‑31 18:42:29	2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript
R (N) v Dr M [2002] EWHC 1911 (Admin) — Unsuccessful challenge to compulsory treatment.	2009‑10‑31 18:40:09	2002 cases, Challenges to compulsory treatment, Judgment available on Bailii, No summary, Transcript
R (Munjaz) v Ashworth Hospital Authority [2002] EWHC 1521 (Admin) — Departure from Code of Practice.	2009‑10‑31 18:37:54	2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript
R (M) v Nottinghamshire Healthcare NHS Trust [2002] EWHC 1400 (Admin) — Unsuccessful challenge to s47/49 patient's return to prison.	2009‑10‑31 18:33:25	2002 cases, Judgment available on Bailii, Ministry of Justice cases, No summary, Transcript
R (LH) v MHRT [2002] EWHC 170 (Admin) — Permission to appeal against Tribunal decision refused.	2009‑10‑31 18:27:56	2002 cases, Judgment available on Bailii, No summary, Reasons, Transcript
R (L) v MHRT [2002] EWHC 618 (Admin) — AWOL claimant's delay case struck out as an abuse of process.	2009‑10‑31 18:22:41	2002 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Transcript
R (Heather) v Leonard Cheshire Foundation [2002] EWCA Civ 366 — Care home closure.	2009‑10‑31 18:18:00	2002 cases, Community care, Judgment available on Bailii, No summary, Transcript
R (LH) v MHRT [2002] EWHC 1522 (Admin) — (1) There is no need for reasons for not making a recommendation where, as here, there is no contention (or any evidence in support of a contention) justifying a recommendation or the consideration of it. (2) In any event, an extra-statutory recommendation, outside the scope of s72(3), has no legal effect and is not susceptible to judicial review. (3) That s72 does not allow consideration of a hospital's suitability in terms of security or family proximity does not disclose a Convention incompatibility: a lacuna in an Act or a failure to provide an effective remedy for a Convention violation does not mean that the Act is incompatible.	2009‑10‑31 18:14:55	2002 cases, Brief summary, Judgment available on Bailii, Reasons, Transcript
R (D) v SSHD [2002] EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal.	2009‑10‑31 18:05:52	2002 cases, Judgment available on Bailii, No summary, Other Tribunal cases, Prison law cases, Transcript
* Long s17 leave R (DR) v Mersey Care NHS Trust [2002] EWHC 1810 (Admin) — Renewal of section while on long-term s17 leave.	2009‑10‑31 18:04:06	2002 cases, Cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Section 17 leave cases, Upper Tribunal decisions, Judgment available on Bailii, 2002 cases
R (C) v Brent, Kensington and Chelsea and Westminster Mental Health NHS Trust [2002] EWHC 181 (Admin) — Closure of residential accommodation.	2009‑10‑31 17:56:30	2002 cases, Community care, Judgment available on Bailii, No summary, Transcript
R (B) v Ashworth Hospital Authority [2002] EWHC 1442 (Admin) — A patient could be treated for any form of mental disorder, not just a disorder within the classification under which he was detained.	2009‑10‑30 23:16:02	2002 cases, Brief summary, Judgment available on Bailii, Other classification cases, Transcript
Masterman-Lister v Brutton and Co [2002] EWCA Civ 1889 — Unsuccessful appeal against decision that M was fully capable of managing and administering his property and affairs.	2009‑10‑30 23:11:10	2002 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript
Masterman-Lister v Jewell [2002] EWHC 417 (QB) — M was fully capable of managing and administering his property and affairs.	2009‑10‑30 23:08:45	2002 cases, Judgment available on Bailii, No summary, Other capacity cases, Transcript
Dillon v SSHD [2002] EWHC 732 (Admin) — "This Claimant’s application is that a warrant, issued by the Secretary of State for the Home Department under section 3 of the Repatriation of Prisoners Act 1984 should be amended to substitute for the discretionary life sentence, with a tariff period of seven years, an order under section 37 of the Mental Health Act with a restriction order under section 41. Alternatively, to amend the warrant to remove the tariff period."	2009‑10‑30 23:03:35	2002 cases, Judgment available on Bailii, Life sentence cases, No summary, Transcript
Cook v Bradford Community Health NHS Trust [2002] EWCA Civ 1616 — Negligence case.	2009‑10‑30 23:01:34	2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript
Ashworth Hospital Authority v MGN Ltd [2002] UKHL 29 — MGN ordered to disclose identity of intermediary, as a means of identifying the source of the leaked information.	2009‑04‑12 23:40:52	2002 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript
R (Stennett) v Manchester City Council [2002] UKHL 34 — S117 is not a gateway section; it contains no charging provision; therefore, no charge should be made for after-care under that section, including for caring residential accommodation.	2009‑04‑11 20:50:28	2002 cases, After-care, Brief summary, Judgment available on Bailii, Transcript, Pages using DynamicPageList3 parser function
R v Shepherd (Jack) [2002] EWCA Crim 1091 — Conviction quashed and substituted with an admission order with restrictions as, had the issue been raised, on the evidence the jury would have found that the defendant was unfit to plead but had done the act.	2009‑04‑11 14:48:25	2002 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases
R v R [2002] EWCA Crim 165 — Appeal against restriction order allowed.	2009‑04‑11 14:45:14	2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript
R v Kearney [2002] EWCA Crim 2772 — Appeal against restriction order allowed.	2009‑04‑11 14:41:16	2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript
R v Johnson (Frank) [2002] EWCA Crim 1900 — Conviction quashed as during trial the defendant had become unfit to plead.	2009‑04‑11 14:39:43	2002 cases, Judgment available on Bailii, No summary, Transcript, Unfitness and insanity cases
R v Gunning (Neville) [2002] EWCA Crim 634 — Three-year prison sentence quashed and substituted with hospital order.	2009‑04‑11 14:35:09	2002 cases, Judgment available on Bailii, No summary, Sentence appeal cases, Transcript
R v Goode [2002] EWCA Crim 1698 — Appeal against restriction order refused.	2009‑04‑11 14:32:46	2002 cases, Judgment available on Bailii, No summary, Restriction order cases, Transcript
Nowika v Poland 30218/96 [2002] ECHR 795 — The detention for 83 days of the applicant under Article 5(1)(b) (the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law) violated Article 5(1) as it was for longer than necessary for the fulfilment of the obligation to submit to a psychiatric examination; the restriction on visits by her family to one visit per month violated Article 8; compensation of €10,000 was awarded	2009‑04‑10 15:22:01	2002 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, Judgment available on Bailii, Transcript
Morley v UK 16084/03 [2002] ECHR 853 — The applicant had been transferred from hospital back to prison. He argued that his Article 5(4) right to review of his detention had been breached as the transfer had been ordered by the executive rather than a court, and asserted that he was still of unsound mind within Article 5(1)(e). This complaint was rejected (judicial review is sufficient) and his Article 8 complaint also failed.	2009‑04‑10 14:36:29	2002 cases, Brief summary, ECHR, Judgment available on Bailii, Ministry of Justice cases, Transcript
Grey v UK 34377/02 [2002] ECHR 854 — A Tribunal granted an absolute discharge because the claimant suffered from no mental disorder, but on judicial review this was quashed because they had not first considered conditional discharge; a subsequent Tribunal reclassified him and upheld continued detention; his complaint under Article 5(1)(e) was rejected (no duty immediately and unconditionally to release into the community), as were complaints under Article 5(4) (no undue delay) and Article 6 (no right to appeal).	2009‑04‑10 13:24:35	2002 cases, Absolute or conditional discharge cases, Brief summary, ECHR, Judgment available on Bailii, Transcript
A v A Health Authority [2002] EWHC 18 (Fam) — The nature of the case determined the court in which a case concerning the welfare of children or incompetent adults should be litigated: the review of a decision of a public authority by way of JR in the Admin Court; best interests cases in the Family Division. In best interests proceedings the court cannot compel a public authority to exercise its public law functions in a certain way.	2008‑12‑30 22:08:33	2002 cases, Best interests, Detailed summary, Judgment available on MHLO, Judgment missing from Bailii, Transcript
Re C (Mental Patient: Habeas Corpus) [2002] EWHC 243 (Admin) — The application for the issue of a writ of habeas corpus was premature and without any prospect of success; the proper course was to judicially review the Tribunal decision	2008‑12‑21 15:38:30	2002 cases, Detailed summary, Judgment available on Bailii, Transcript, Unimportant cases
Edwards v UK 46477/99 [2002] ECHR 303 — Christopher Edwards was killed by a prison cellmate, Richard Linford; both suffered from schizophrenia. (1) The duty under Article 2 to protect life could extend to taking preventive operational measures to protect an individual against criminal acts of another, where the authorities knew (or ought to have known) of a real and immediate risk to the life of an identified individual. Information was available identifying Linford as posing such a risk. The failure to pass on this information, and the inadequate screening of Linford, amounted to a breach of Article 2. (2) No inquest was held, and the trial did not involve witness evidence. The private inquiry which was held (a) had no power to compel witnesses, and (b) was held in private, with the parents unable to participate to the extent necessary to safeguard their interests: Article 2 was breached in this respect. (3) There was no appropriate domestic means of determining whether the authorities failed to protect the right to life or of obtaining compensation, so Article 13 (effective remedy) was breached.	2008‑11‑27 23:17:24	2002 cases, Brief summary, Inquest cases, Judgment available on Bailii, Transcript
R (Stevens) v Plymouth City Council, re C [2002] EWCA Civ 388 — Confidentiality.	2008‑10‑15 01:16:44	2002 cases, Judgment available on Bailii, No summary, Other NR cases, Transcript
R (Morley) v Nottinghamshire Health Care NHS Trust [2002] EWCA Civ 1667 — Disclosure of documents.	2008‑10‑15 01:02:53	2002 cases, Judgment available on Bailii, No summary, Other criminal law cases, Transcript
R (Morley) v Nottinghamshire Health Care NHS Trust [2002] EWCA Civ 1728 — In relation to the Secretary of State's power to remit a transferred prisoner back to prison under s50, the patient has no right to make representations, although the circumstances may require the Secretary of State to make further enquiries.	2008‑10‑15 01:01:57	2002 cases, Brief summary, Judgment available on Bailii, Other criminal law cases, Transcript
R (SSHD) v MHRT, re Grey [2002] EWCA Civ 1053 — Permission to appeal refused (unexplained delay)	2008‑09‑13 06:35:01	2002 cases, Judgment available on Bailii, No summary, Permission hearings, Transcript
R (RA) v SSHD [2002] EWHC 1618 (Admin) — Power to grant/refuse permission for leave after deferred conditional discharge.	2008‑09‑12 16:47:17	2002 cases, Judgment available on Bailii, Ministry of Justice cases, No summary, Transcript
* Medical member's role and Article 5 R (S) v MHRT [2002] EWHC 2522 (Admin) — The patient unsuccessfully argued that the requirement in old Rule 11 that a tribunal member "shall examine the patient... to form an opinion of the patient's mental condition" prior to the tribunal hearing, and the medical member's role in proceedings, was incompatible with Article 5(4). The judge concluded that "[i]f an otherwise impartial and independent member of a tribunal has a preconceived concluded opinion, or if he expresses himself in such a way as to give rise to reasonable apprehension that he has a preconceived concluded opinion, he lacks the necessary impartiality, but not otherwise."	2008‑09‑12 16:36:24	2002 cases, Bias cases, Cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Judgment available on Bailii, 2002 cases
R (N) v Dr M [2002] EWCA Civ 1789 — Challenge to compulsory treatment.	2008‑02‑22 15:29:10	2002 cases, Challenges to compulsory treatment, Detailed summary, Judgment available on Bailii, Transcript
R (SSG) v Liverpool City Council [2002] EWHC 4000 (Admin) — Gay partner can qualify as nearest relative under six-month residence provision in s26(6).	2007‑02‑18 15:36:55	2002 cases, Brief summary, Judgment available on Bailii, Other NR cases, Transcript
R (IH) v SSHD [2002] EWCA Civ 646 — A deferred conditional discharge is a provisional decision; the MHRT can reconvene to reconsider the case.	2007‑02‑07 21:00:19	2002 cases, Brief summary, Deferred conditional discharge cases, Judgment available on Bailii, Transcript
R (A) v Partnerships in Care Ltd [2002] EWHC 529 (Admin) — The decision of the private psychiatric hospital to change the focus of a ward was a decision "in relation to the exercise of a public function" and so susceptible to JR; the managers were a public authority for HRA purposes. Permission granted.	2007‑02‑07 20:49:01	2002 cases, Brief summary, Judgment available on Bailii, Miscellaneous cases, Permission hearings, Transcript
R (P) v MHRT East Midlands and North East Region [2002] EWCA Civ 260 — Permission to appeal granted on the basis that onus of proof had arguably been placed on the patient; permission to argue that the definition of psychopathic disorder requires the current commission by the patient of either abnormally aggressive conduct or seriously irresponsible conduct.	2007‑02‑07 20:47:56	2002 cases, Brief summary, Judgment available on Bailii, Miscellaneous cases, Permission hearings, Transcript
R (P) v MHRT East Midlands and North East Region [2002] EWCA Civ 697 — Psychopathic disorder can persist for years without causing any abnormally aggressive or seriously irresponsible conduct; it is enough that the disorder of mind has done so in the past and that there is a real risk that, if treatment in hospital is discontinued, it will do so in the future.	2007‑02‑07 20:46:54	2002 cases, Brief summary, Judgment available on Bailii, Transcript, Treatability test and psychopathic disorder
R (PG) v London Borough of Ealing [2002] EWHC 250 (Admin) — The Admin court, following the supercession of RSC Order 53 by CPR Part 54, still retains the power to receive oral evidence and order the cross-examination of witnesses on their witness statements and affidavits.	2007‑02‑07 20:44:16	2002 cases, Brief summary, Judgment available on Bailii, Other NR cases, Transcript
HM v Switzerland 39187/98 [2002] ECHR 157 — HM was admitted to a nursing home because of neglect. She argued that neglect was not a ground for deprivation of liberty, and that she did not fall into the vagrancy category under Article 5(1). The ECHR held that there had been no deprivation of liberty and so no breach of Article 5(1). HM had capacity to object but was undecided; the clinic were entitled to infer consent from the lack of objection.	2007‑02‑07 20:35:52	2002 cases, Detailed summary, ECHR, ECHR deprivation of liberty cases, Judgment available on Bailii, Transcript
R (C) v SSHD [2002] EWCA Civ 647 — HO could not exercise discretion to refer case under s71 after MHRT without good reason; evidence lacking at MHRT hearing was not good reason on the facts; following IH (CA) MHRT remains fully seised of case after a D/C/D; decision to refer quashed. (rough summary)	2007‑02‑06 18:38:35	2002 cases, Brief summary, Judgment available on Bailii, Ministry of Justice cases, Transcript
R (Warren) v MHRT London North and East Region [2002] EWHC 811 (Admin) — In the circumstances, the brief reasons were sufficient, and the error of law (that the patient was under s47/49 rather than notional s37) did not affect the outcome	2007‑02‑06 18:25:26	2002 cases, Brief summary, Judgment available on Bailii, Reasons, Transcript
R (Ashworth) v MHRT; R (H) v Ashworth [2002] EWCA Civ 923 — Appeal on MHRT decision dismissed; appeal on re-sectioning allowed. In a case where the availability of suitable after-care services is a pre-requisite for the discharge criteria to be met, but the Tribunal is in any doubt as to its availability, the Tribunal should adjourn rather than defer discharge to a future date.	2007‑02‑06 18:23:22	2002 cases, Brief summary, Judgment available on Bailii, Re-sectioning after hearing, Transcript
R (T) v MHRT [2002] EWHC 247 (Admin) — Discretion to give MHRT decision/reasons to victim should have been considered.	2007‑02‑06 18:19:21	2002 cases, Brief summary, Judgment available on Bailii, MHT public hearing cases, Transcript
Benjamin and Wilson v UK 28212/95 [2002] ECHR 636 — Technical lifer status violated Article 5(4). See "Technical lifer" page for background.	2006‑08‑15 22:14:11	2002 cases, Brief summary, ECHR, Judgment available on Bailii, Ministry of Justice cases, Transcript
R (B) v MHRT [2002] EWHC 1553 (Admin) — Lack of speedy Tribunal hearing breached Article 5(4).	2006‑04‑16 20:50:36	2002 cases, Judgment available on Bailii, No summary, Transcript, Tribunal delay
R (KB) v MHRT [2002] EWHC 639 (Admin) — Lack of speedy Tribunal hearings breached Article 5(4).	2006‑04‑16 11:46:11	2002 cases, Detailed summary, Judgment available on Bailii, Transcript, Tribunal delay
R (Wooder) v Dr Feggetter [2002] EWCA Civ 554 — SOAD should give reasons.	2006‑04‑16 11:41:35	2002 cases, Challenges to compulsory treatment, Detailed summary, Judgment available on Bailii, Transcript

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Nowika v Poland 30218/96 (2002) ECHR 795

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South West London and St George's Mental Health NHS Trust v W (2002) EWHC 1770 (Admin)

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Category:2002 cases

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