Ireland: Mental Health Case Law Update

Last Updated: 13 May 2015
Article by Orla Keane
Most Read Contributor in Ireland, October 2018

Transfer and Detention Under Inherent Jurisdiction of High Court

HSE v VF [2014] IEHC 628
The High Court made an order under its inherent jurisdiction for the transfer of a 45-year old woman in need of special therapeutic and welfare services from an approved centre to a nominated care facility in circumstances where a lacuna in the Mental Health Act 2001 meant that no order could be made under the Act to effect such a transfer. Read a detailed article on the judgment here.

Duty of Tribunal to Give Reasons

AX v Mental Health Tribunal & Anor [2014] IEHC 592
The High Court rejected a challenge to a decision of the Mental Health Tribunal affirming an involuntary admission to an approved centre for treatment of a mental health disorder. The judgment contains a detailed discussion of the obligation on the Tribunal to provide reasons for its decision on a review. It also considers whether a defect in a prior admission or renewal order can taint a subsequent renewal order.

Section 10 Examinations

LB v The Clinical Director of Naas General Hospital [2015] IEHC 34
The High Court rejected a challenge to the adequacy of a section 10 examination carried out on the applicant prior to the making of a recommendation for her involuntary admission to an approved centre under the provisions of the Mental Health Act 2001. The judgment considers the requirements of a valid section 10 examination, and in particular whether a medical practitioner can have regard to personal knowledge he/she may have of a patient's case when conducting such an examination.

Enduring Powers of Attorney

AA & Anor v FF [2015] IEHC 142
The High Court considered the general principles governing its jurisdiction to supervise an attorney appointed pursuant to an enduring power of attorney. The Court considered the following issues (i) whether and to what extent an attorney acting under a registered enduring power of attorney is obliged to account to the High Court; (ii) whether and to what extent an attorney acting under a registered enduring power of attorney is obliged to account to other persons in a close family connection with the donor; and (iii) whether the High Court has a general or specific supervisory role in respect of the exercise of the function by an attorney, and how such supervisory role is to operate in practice.

Capacity

Health Service Executive v JB [2015] IEHC 216
The High Court found that the defendant, JB, a young adult suffering from a personality and conduct disorder, and who was receiving treatment in the UK, lacked capacity to make material decisions in terms of his medical treatment and therapy. The defendant had expressed a wish to return to Ireland. The Court recommended that a committee of doctors be established to oversee his transition to Ireland and to advise on when and how such a transition might be effected. The judgment includes a detailed discussion of the principles which a Court must consider in determining whether an individual has capacity.

Health Service Executive v KW [2015] IEHC 215
The High Court found that the respondent, KW, a young adult suffering from a mental disorder not detainable under the Mental Health Act 2001, and who was receiving treatment in the UK, lacked capacity to make decisions regarding her future care and treatment. The Court noted the respondent's wish to return to Ireland and directed that her transition to Ireland happen within a three month time span, or earlier if the treating medical team agreed. The Court, exercising its inherent jurisdiction, ordered that the respondent be involuntarily detained as a psychiatric patient in an adult psychiatric ward in Ennis General Hospital, under the care of the clinical director. The judgment includes a detailed discussion of the principles which a Court must consider in determining whether an individual has capacity.

Insanity and Fitness to Plead

FX v Clinical Director of the Central Mental Hospital [2015] IEHC 190
The High Court considered whether the legal basis for the detention of the applicant, who was charged with murder and an offence contrary to section 4 of the Non-Fatal Offences Against the Persons Act 1997, in the Central Mental Hospital was an order of the Central Criminal Court, or a subsequent order of the Mental Health (Criminal Law) Review Board. It also considered the lawfulness of the detention. The Court also had to consider whether the order of the Central Criminal Court was spent as a result of the applicant's acquittal on the murder charge. The judgment contains a discussion of the Criminal Law (Insanity) Act 2006 and the powers and duties of the Mental Health (Criminal Law) Review Board, which was established under that Act. It also endorses the Supreme Court decision in EH.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions