Settled cases
This page contains some details of cases which settled out of court. If you have any cases to add here, please contact us (see Help page). [This page hasn't been updated for ages.]
Case summaries
- Section 2 papers left on ward and not received by MHA administrator until 9 days into section. Settled for £1000 after letter before claim (2005).
- Hospital thought unrestricted CPIA 1964 s5 began when the Secretary of State specified the hospital rather than on the date of the court order. The first purported renewal was therefore carried out after the section had expired (as were the subsequent renewals). Trust admitted liability and the case was settled for £9000 after letter before claim (2007).
- NR's discharge of guardianship application under s23 ignored. Patient assaulted while in care home. £5,000 for unlawful detention, £1,375 for assault and £8,000 legal costs paid. See Former soldier held against will in care home 'treated like dissident in Stalin's Russia', Daily Telegraph, 18/12/08
- Damages for negligent dosage of Lamotrigine. Patient settled negligence claim for £450,000 (including £60,000 general damages) with liberty to apply for future damages. See Alexandra Johnstone, 'Damages for Negligent dosage of Lamotrigine', RadcliffesLeBrasseur MH Law Briefing 160, December 2010
- R (Dr McLaughlin) v LB of Camden (Admin Court, 2006): 'In a group action involving 20 clients, 6 Claimants with mental health problems issued Judicial Review proceedings challenging the lawfulness of Camden Council’s decision to close a Mental Health Day Centre. The challenge was on grounds of failure to consult, to assess needs and a breach of Article 8 rights. The Council conceded there was a failure to consult and settled. The Day Centre was reinstated and a full consultation process embarked on.' Details taken from: Bindmans website
See also
The following category (in the blue box) can be clicked to view a list of other pages in the same category: