March 2012

• Supreme Court rules that hospital had duty to protect patient from committing suicide

Rabone and Anor. v Penine Care NHS Trust [2012] UKSC 2

The Supreme Court has ruled that a hospital had an ‘operational’ duty under ECHR Art. 2 to protect a voluntary patient from committing suicide.  Previously this duty only covered those who were detained under the Mental Health Act.

A Police Officer’s Application (Leave Stage) [2012] NIQB 3

In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.

• Friends of the Earth challenge to changes to solar panel scheme successful

Secretary of State for Energy and Climate Change v Friends of the Earth and others [2012] EWCA Civ 28

The Court of Appeal has held that the Minister for Energy and Climate Change had no power to make a modification to the rules for subsidising small solar power schemes.  This successful case, which was brought by Friends of the Earth in England, will impact on people who signed up for the schemes on the basis that they would receive a higher subsidy rate who, under the changes, would have received lower subsidies.