June 2009 update

Caselaw

• Gray v Thames Trains Ltd [2009] UKHL 33 — The principle of ex turpi causa prevented the claimant from recovering for damage which was the consequence of his committing the offence of manslaughter.§
• Roach v Home Office [2009] EWHC 312 (QB) — The costs of attending an inquest can in principle be recovered by way of costs in subsequent civil proceedings; the fact that the inquest work was covered by a public funding certificate had no bearing on the recoverability of the costs.§
• RA (Sri Lanka) v SSHD [2008] EWCA Civ 1210 — Unsuccessful human rights appeal against deportation made by suspected terrorist: the article 3 claim being based on (1) a fear of being ill-treated in Sri Lanka on account of actual or suspected involvement with the Tamil Tigers; (2) mental health and in particular the risk of suicide if returned; the article 8 claim being based on the risk of suicide and interference with the private life established in the UK.§
• R (Compton) v GMC [2008] EWHC 2868 (Admin) — The GMC fitness to practise panel in suspending Dr Compton for a year had exercised a fair procedure (in light of the doctor's decision not to attend) and were justified in their conclusion (that he had been dishonest in not disclosing previous unsuccessful applications for s12 approval).§
• Scottish Ministers v MHTS, re NG and PF [2009] CSIH 33 — The Mental Health Tribunal for Scotland has no power to vary the conditions of a patient who had been conditionally discharged, as the power to set conditions only arises at the time of discharge.§
• R (Mehmet) v SSJ [2009] EWHC 1202 (Admin) — The failure, without good cause, to provide to the Parole Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case (SARN report) was a breach of the Secretary of State’s public law obligations and accordingly unlawful.§
• R (Blouet) v Bath and Wansdyke Magistrates Court [2009] EWHC 759 (Admin) — Fitness to plead - guidance on procedure to be followed by magistrates' court.§

Other documents

• New legal aid forms become mandatory on 1 June 2009. Forms affected include CW1&2(MH), App1, App8, Means1, Means2, and Claim 4 (replaced by POA1). A list of detailed information about the changes is available. See Legal Aid#Legal Aid forms

Website

• Please get in touch if you have been involved in any Tribunal reviews/appeals. Brief details of the legal principles involved could be put on the website. See Help page for contact details.
• The site now has 508 categorised cases plus 54 further cases to be added located on Bailii.
• See June 2009 chronology for changes to the website in date order