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Court of Appeal decides that prisoner cuffed whilst receiving hospital treatment did not have his human rights breached
- Mills & Reeve LLP
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- United Kingdom
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- June 10 2009
The recent Court of Appeal decision of R (on the application of Vaclovias Faizovas (by Inga Faizovaite) v Secretary of State for Justice decided that a judge had been entitled to conclude that the handcuffing of a prisoner whilst he received chemotherapy treatment at a hospital did not breach his rights under Article 3 of the ECHR (prohibiting inhuman or degrading treatment or punishment) as he represented a risk to the public and there was a risk that he would escape
When and how far does the Human Rights Act apply to an inquest into the death of a detained patient?
- Mills & Reeve LLP
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- United Kingdom
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- August 6 2009
The Court of Appeal has spoken again on the extent of the obligations on the coroner to investigate deaths of those detained under the Mental Health Act 1983
Patient matters inquests - coroner’s open verdict quashed because investigation too narrow
- Mills & Reeve LLP
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- United Kingdom
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- June 14 2010
David Jones suffered from Asperger's Syndrome and Crohn's disease
Patient matters children - ECHR ruling on removal of child from parents in suspected abuse case
- Mills & Reeve LLP
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- European Union, United Kingdom
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- June 14 2010
The case of M.A.K. and R.K. v the United Kingdom related to incidents from 1997-98
Patient matters right to life - claim for damages allowed under the Human Rights Act following suicide of a detained inpatient
- Mills & Reeve LLP
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- United Kingdom
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- June 14 2010
The family of a patient detained under Section 3 Mental Health Act 2007 (MHA) who committed suicide whilst under the care of South Essex Partnership NHS Foundation Trust (the trust) has been awarded damages of £10,000 and costs against the trust under Article 2 of the Human Rights Act 1998 (Article 2), which protects a person's "right to life"
Patient matters health and safety - NHS trust ordered to pay £100,000 following patient death
- Mills & Reeve LLP
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- United Kingdom
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- June 14 2010
Great Western Hospitals NHS Trust have been fined £75,000 this week and ordered to pay £25,000 costs for putting patient safety at risk through negligent storage and mismanagement of drugs
Court of Appeal overturns decision on nearest relative and damages for unlawful detention case
- Mills & Reeve LLP
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- United Kingdom
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- February 16 2011
In the July 2010 edition of our Health legal update, we reported on a case where the court considered T's claim for damages in respect of an alleged unlawful detention under the Mental Health Act 1983 (MHA
Court gives guidance on emergency protection orders under the Children Act 1989
- Mills & Reeve LLP
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- United Kingdom
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- August 5 2010
The case of A v (1) East Sussex County Council (2) Chief Constable of Sussex 2010 concerned a mother who called emergency services when her child stopped breathing who was subsequently admitted to hospital
Failure to seek medical help does not amount to unlawful killing
- Mills & Reeve LLP
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- United Kingdom
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- February 8 2010
This was the conclusion of the court in the recent case of R (on the application of Donald Lewis Jenkins) (claimant) v HM Coroner for Portsmouth & South East Hampshire (defendant) & (1) Cherie Elizabeth Cameron (2) Elizabeth Finn (interested parties) (2009
Mother withdraws ‘best interests’ application to have daughter sterilised
- Mills & Reeve LLP
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- United Kingdom
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- June 6 2011
In this case a mother was seeking a declaration allowing her 21-year-old daughter who had “significant learning difficulties” to be sterilised
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