Cases Reported

R v Rachel Julie Tunstill 1
Issue: Whether the mental disorder supporting a verdict of infanticide had to arise solely from the effects of giving birth or lactation; the potential relevance of a pre-existing mental disorder.
LW v Cornwall Partnership NHS Trust; SE v Devon Partnership NHS Trust; TS v Birmingham and Solihull Mental Health NHS Trust 6
Issue: The test for upholding a Community Treatment Order based on the likelihood of relapse from not taking medication.
R (CXF, acting by his mother, his litigation friend) v (1) Central Bedfordshire Council (2) North Norfolk Clinical Commissioning Group 16
Issue: Whether the duty to provide aftercare under s117 Mental Health Act 1983 arose in relation to a patient granted daily leave under s17 to take accompanied bus trips to various activities.
Liuiza v Lithuania 24
Issue: Whether detention pre-trial and after a finding criminal responsibility was lacking breached Art 5(1) ECHR.
Petukhova v Russia 37
Issue: Whether detention for the purposes of a psychiatric examination breached Art 5(1)(b) ECHR.
Koroviny v Russia 46
Issue: Whether conditions in a psychiatric hospital and tying a patient to a bed for 24 hours breached Art 3 ECHR; whether the failure of domestic courts to consider complaints breached Art 6; whether there was censorship of correspondence in breach of Art 8; the appropriate remedy.
Akopyan v Ukraine 55
Issue: Whether the applicant was a victim of a breach of Art 5(1) ECHR in relation to a detention in a psychiatric hospital that was unlawful in domestic law and for which compensation had been paid; whether treatment without consent during the unlawful detention breached Arts 3 and/or 8.
LM v Slovenia 67
Issue: Whether placement on an open ward in a psychiatric hospital was a deprivation of liberty; whether various circumstances breached Art 5(1) and/or (2) ECHR; whether there was a breach of Art 5(4) and of Art 5(5); whether the regime for treatment without consent breached Art 8.
Hadžimejlić and others v Bosnia and Herzegovina 95
Issue: Whether continued detentions in a social care home despite court rulings that detention was not necessary breached Art 5(1) ECHR; whether administrative detention in a social care home without a court order breached Art 5(1); appropriate remedy.
IC v Romania 106
Issue: Whether Art 3 ECHR was breached when charges of unlawful intercourse with a minor rather than rape were brought when the victim, a 14 year old girl with an intellectual impairment, alleged that she had been raped.
OG v Latvia 114
Issue: Whether detention in a psychiatric hospital was in breach of Art 5(1) ECHR.
OG v Latvia (No 2) 118
Issue: Whether detention in a psychiatric hospital breached Art 5(1)(b) ECHR.
IN v Ukraine 124
Issue: Whether there was a breach of Art 5(1) ECHR arising from the quality of the law applicable and its processes; whether compensation in domestic proceedings were adequate to remove victim status; whether there was a breach of Art 5(5); whether domestic proceedings met the reasonable time requirement in Art 6(1).
Trutko v Russia 137
Issue: Whether detention for a psychiatric assessment breached Art 5(1)(b) ECHR; whether detention for treatment based on medical recommendations some 2 years old breached Art 5(1)(e).
DR v Australia 144
Issue: Whether various complaints arising out of an ongoing institutional placement of a man with intellectual and mental impairment were admissible in light of a failure to exhaust domestic remedies
Makarov and Makarova v Lithuania 155
Issue: Whether failures to ensure the participation of a victim with disabilities in a court process relating to the incident that led to her injuries breached Arts 12 and 13 CRPD.
Ruslan Makarov v Russia 160
Issue: Whether the breach of domestic time limits for an application to court for an order to detain on the basis of mental disorder breached Art 5(1) ECHR.
Kadusic v Switzerland 165
Issue: Whether imposing a therapeutic measure towards the end of a sentence of imprisonment breached Art 5(1) and/or Art 7 and or Art 4 of Protocol No 7 ECHR.
Bacher v Austria 180
Issue: Whether the approach to a dispute about property rights breached the rights of accessibility under Art 9 Convention on the Rights of Persons with Disabilities 2006 of a man with a variety of impairments, both alone and in conjunction with the general principles set out in Art 3.
X v Russia 192
Issue: Whether there was adequate evidence of a mental disorder warranting detention for the purposes of Art 5(1) ECHR.
DR v Lithuania 199
Issue: Whether detention for assessment in a psychiatric hospital and/or a subsequent detention for treatment were in breach of Art 5(1) ECHR.
SS v Slovenia 213
Issue: Whether ending the parental rights of a woman with schizophrenia breached Arts 8 and/or 14 with 8 ECHR.
Milićević v Montenegro 238
Issue: Whether a failure to prevent an attack by a man with a mental disorder breached Arts 2 and/or 8 ECHR.
Klinkenbuss v Germany 246
Issue: Whether ongoing detention in a psychiatric hospital following a conviction in 1983 was lawful for the purposes of Art 5(1)(a) ECHR.
WP v Germany 253
Issue: Whether there were breaches of Arts 5(1) and 7(1) ECHR in relation to the retrospective extension of preventive detention beyond the maximum term permissible at the time of sentence.
Ilnseher v Germany 262
Issue: Whether there were breaches of Arts 5(1), 5(4), 6 and 7 ECHR in the imposition of provisional and final orders for retrospective preventive detention.
Ilnseher v Germany 278
Issue: Whether there were breaches of Arts 5(1), 5(4), 6 and 7 ECHR in the imposition of provisional and final orders for retrospective or subsequent preventive detention.
Fernandes De Oliveira v Portugal 358
Issue: Whether the suicide of a patient in a psychiatric hospital revealed a breach of the substantive aspect of Art 2 ECHR; whether the length of domestic proceedings relating to the death revealed a breach of the procedural aspect of Art 2.
R v Alexander Wayne Blackman 397
Issue: The approach to unanimous psychiatric evidence that a person’s responsibility for a killing was diminished; whether a conviction for manslaughter should be substituted on the facts.
Lorenz v Austria 412
Issue: Whether the ongoing preventive detention of a mentally-ill offender in an institution which could not prepare him for release and in light of the lack of recent expert evidence breached Art 5(1) ECHR; whether the conduct of reviews breached Art 5(4).
Ecila Henderson (by her Litigation Friend) v Dorset Healthcare University NHS Foundation Trust 426
Issue: Whether recovery of tortious damages flowing from a community patient killing her mother in circumstances of a negligent failure to recognise a deterioration in her condition was precluded by public policy when responsibility for the killing was diminished.
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