Category:1998 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.
| Page and summary | Date added to site | Categories |
|---|---|---|
| Romanov v Russia 63993/00 [1998] ECHR 115 — The applicant's complaints about the prison conditions, the length of his detention on remand and the complaint concerning his right to be present at the hearing were admissible. | 2009-04-10 | 1998 cases, ECHR, Judgment available on Bailii, No summary, Transcript |
| Clunis v UK 45049/98 [1998] ECHR 116 — The failures in providing care prior to the claimant's offence did not breach Article 8 as there was no inevitable link between the failures and the offence; although he lost his negligence action against the local authority (partly on the basis of ex turpi causa) there had been no breach of Article 6 in the procedure. | 2009-04-09 | 1998 cases, Detailed summary, ECHR, Judgment available on Bailii, Transcript |
| A v UK 25599/94 [1998] ECHR 85 — A had been beaten by his step-father more than once with a garden cane, treatment which, on the facts, reached the level of severity prohibited by Article 3; in English law reasonable chastisement is a defence to assault, and a jury acquitted the step-father on this basis; the UK had failed in its positive obligation to provide protection from breaches of Article 3. | 2008-12-30 | 1998 cases, Brief summary, ECHR, Judgment available on Bailii, Transcript |
| R (S) v Broadmoor Special Hospital Authority [1998] EWCA Civ 160 — Broadmoor's random and routine search policy was lawful. | 2008-10-15 | 1998 cases, Judgment available on MHLO, Judgment missing from Bailii, Miscellaneous cases, No summary, Transcript |
| Barker v Barking Havinering and Brentwood Community Healthcare NHS Trust [1998] EWCA Civ 1347 — Unsuccessful judicial review and habeas corpus applications challenging renewal of detention while patient was spending most of week on leave. | 2008-10-15 | 1998 cases, Judgment available on Bailii, Miscellaneous cases, No summary, Transcript |
| R v Paul Martin [1998] EWCA Crim 3166 — The power to make a restriction order applies in cases where the patient poses a risk of serious harm from which the public needs protection. This is not the seriousness of the risk that the public may suffer some harm, but that the risk that the potential harm represented by the individual defendant would be serious. There should normally be some proportionate relationship between the instant offence and the history of offending, together with an assessment of risk on the basis of medical examinations before a section 41 restriction order is made. Restriction order quashed. | 2008-09-22 | 1998 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Restriction order cases |
| R (S) v Collins [1998] EWCA Civ 1349 — Challenge to compulsory treatment. | 2008-09-13 | 1998 cases, Challenges to compulsory treatment, Judgment available on Bailii, No summary, Transcript |
| R (S) v Collins [1998] EWHC Admin 490 — Challenge to compulsory treatment. | 2008-09-13 | 1998 cases, Challenges to compulsory treatment, Judgment available offline, Judgment missing from Bailii, No summary, Transcript |
| R (L) v Bournewood Community and Mental Health NHS Trust [1998] UKHL 24 — Bournewood gap. | 2008-09-13 | 1998 cases, Deprivation of liberty, Judgment available on Bailii, No summary, Transcript |
| R (Evans) v Brockhill Prison [1998] EWCA Civ 1042 — False imprisonment. | 2008-09-12 | 1998 cases, Judgment available on Bailii, No summary, Prison law cases, Transcript |
| London Borough of Barnet v Robin [1998] EWCA Civ 1630 — Unsuccessful appeal against s29 displacement order. | 2008-09-11 | 1998 cases, Displacement, Judgment available offline, Judgment missing from Bailii, No summary, Transcript |
| Re Julie John (habeas corpus) [1998] EWHC Admin 472 — Challenge to the use of s2 in an apparent attempt to get round the requirement for consultation before s3. Application dismissed as judicial review was the appropriate form of proceedings. | 2007-02-07 | 1998 cases, Brief summary, Consulting NR, Judgment available offline, Judgment missing from Bailii, Transcript |
| Re Briscoe (habeas corpus) [1998] EWHC Admin 771 — "The essence of consultation is the communication of a genuine invitation to give advice and genuine consideration of that advice." Merely informing the NR of s3 admission would not suffice for the purposes of s11(4). | 2007-02-07 | 1998 cases, Brief summary, Consulting NR, Judgment available offline, Judgment missing from Bailii, Transcript |
| Hutchinson Reid v UK 50272/99 [2003] ECHR 94 — Treatability test not necessary for Article 5(1) compliance (re Scottish removal of this test); breaches of Article 5(4) due to onus being on patient and the delay for the case to come to the House of Lords. | 2007-02-07 | 1998 cases, Brief summary, ECHR, Judgment available on Bailii, Transcript, Treatability test and psychopathic disorder |
| R v SSHD, ex p Harry [1998] EWHC Admin 420 — Home Secretary not obliged to follow MHRT recommendations as to transfer of restricted patient to lower security; can look further afield for information and advice; but had to act in a procedurally fair manner, which he had not done | 2007-02-06 | 1998 cases, Brief summary, Judgment available on MHLO, Judgment missing from Bailii, Ministry of Justice cases, Transcript |
| R (Hagan) v Anglia and Oxfordshire MHRT [1998] EWHC Admin 1113 — Tribunal found that patient suffered from detainable PD but non-detainable MI; however, they refused to reclassify. Decision not to reclassify quashed, and the matter remitted to Tribunal with a direction that they reach the proper decision. [Caution.] | 2007-02-06 | 1998 cases, Brief summary, Judgment available offline, Judgment missing from Bailii, Other classification cases, Transcript |
| R (Smith) v MHRT South Thames Region [1998] EWHC Admin 832 — Tribunal need only be satisfied of either nature or degree (i.e. not necessarily both) for detention to continue | 2007-02-06 | 1998 cases, Brief summary, Judgment available on Bailii, Reasons, Transcript |
| Reid v Secretary of State for Scotland [1998] UKHL 43 — (1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational. | 2006-04-15 | 1998 cases, Absolute or conditional discharge cases, Detailed summary, Judgment available on Bailii, Scottish cases, Transcript, Treatability test and psychopathic disorder |
| R v Riverside Mental Health Trust, ex p Huzzey [1998] EWHC Admin 465 — {{Case
|Date=1998/04/29 |NCN=[1998] EWHC Admin 465M |Other citations=[1998] 43 BLMR 167 |Court=High Court (Administrative Court) |Judges=Latham |Parties=Riverside Mental Health Trust, Gary Huzzey |Sentence=Dangerousness criterion and hospital managers |Summary=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. |Detail=== Facts == Huzzey was detained under s2 then s3. His nearest relative sought his discharge under s23. The RMO issued a barring order under s25 as he believed the dangerousness criterion to be met. A barring order contains a certification of the dangerousness criterion as follows:
In such a situation the hospital managers are required by the Code of Practice to review the detention. A Hospital Managers' Hearing was convened on 30 July 1996 and upheld the section without referring to dangerousness. These were their reasons:
A MHRT subsequently discharged the patient on 24 October 1996. The claimant argued that the decision was unlawful and irrational, and that the managers had not given proper reasons. It was accepted by both sides that if the decision was so flawed that it should be quashed then the detention following the managers' hearing had been unlawful. | 2006-04-15 | 1998 cases, Cases, Hospital managers hearings, Judgment available on MHLO, Judgment missing from Bailii, Other NR cases, Pages using DynamicPageList3 parser function, Transcript |
Article titles
The following 19 pages are in this category.
R
- R (Evans) v Brockhill Prison (1998) EWCA Civ 1042
- R (Hagan) v Anglia and Oxfordshire MHRT (1998) EWHC Admin 1113
- R (L) v Bournewood Community and Mental Health NHS Trust (1998) UKHL 24
- R (S) v Broadmoor Special Hospital Authority (1998) EWCA Civ 160
- R (S) v Collins (1998) EWCA Civ 1349
- R (S) v Collins (1998) EWHC Admin 490
- R (Smith) v MHRT South Thames Region (1998) EWHC Admin 832
- R v Paul Martin (1998) EWCA Crim 3166
- R v Riverside Mental Health Trust, ex p Huzzey (1998) EWHC Admin 465
- R v SSHD, ex p Harry (1998) EWHC Admin 420
- Re Briscoe (habeas corpus) (1998) EWHC Admin 771
- Re Julie John (habeas corpus) (1998) EWHC Admin 472
- Reid v Secretary of State for Scotland (1998) UKHL 43
- Romanov v Russia 63993/00 (1998) ECHR 115
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