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Recent updates on website
For details of any news item, click on the relevant link below.
21/08/16 (1): New editions to be published soon. The Mental Health Act Manual by Richard Jones will be published in September 2016, and Mental Health Law by Brenda Hale will be published in December 2016. See flyer and Books page.
20/08/16 (1): Will case.Poole v Everall (2016) EWHC 2126 (Ch), (2016) MHLO 24 — "The claimants are David's brothers ... who had benefited under previous wills prepared with the assistance of the Deputy, including one made on 29 February 2012 of which they seek proof in solemn form, but receive nothing in the December will. They allege that that will was not duly executed, that David lacked testamentary capacity and/or did not know and approve of its contents, and/or that its execution was procured by undue influence on Mr. Everall's part."
19/08/16 (6): MHLA: 17th Annual Conference - London, 18/11/16. — Speakers: Nick Lewis, MHLA chairman; John Sirodcar, Head of Contract Management, Legal Aid Agency; Neil Cronin, Chief Assessor, The Law Society Mental Health Panel; Mark Hinchliffe, Deputy Chamber President, HESC; Baroness Finlay, Professor of Palliative Medicine; Dr Callum Ross, Consultant Forensic Psychiatrist; Tam Gill, Gledhill Solicitors; Sophy Miles, Doughty Street Chambers. Price: £230 (non-member); £160 (member); £145 (groups of three or more members). Members are also invited to a pre-conference dinner on 17/11/16. See MHLA website for further information and booking details.
19/08/16 (5): MHLA: Advocacy, Risk and Cross-examination - Leicester, 17/10/16. — This one-day course is designed to enhance advocacy and case preparation skills. The focus is on preparing for advocacy, with advice on cross-examination of the medical witnesses and taking evidence-in-chief from the client, along with formulation and delivery of effective submissions. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further details and to book online.
19/08/16 (4): MHLA: Re-accreditation course - Manchester, 20/9/16. — This Refresher and Re-accreditation course is suitable for those seeking re-accreditation and will also be of interest to anyone wishing to further their knowledge of mental health law and practice. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further information and to book online.
19/08/16 (3): MHLA: Panel course - London, 12/9/16 and 13/9/16. — The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
19/08/16 (2): MHLA: Panel course - Leeds, 8/9/16 and 9/9/16. — The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
19/08/16 (1): MHLA: Foundation course - London, 30/8/16. — This course is aimed at new practitioners and those intending to attend the Panel course in the near future. Attendance at the Foundation course is strongly recommended in order to achieve a sound understanding of the basic principles of mental health law, practice and procedure, and in order to achieve the most from the two-day Panel course, which is a pre-requisite for application to the Law Society’s mental health panel. Price: £150 (MHLA members); £195 (non-members). CPD: 6 hours. See MHLA website for further details and to book online.
10/08/16 (1): Legal Aid. Since July 2016, all mental health high cost case bills are being processed by the High Cost Case Team in South Tyneside (no longer by the Liverpool team). The address is: Legal Aid Agency, Unit B8, Berkley Way, Viking Business Park, Jarrow, South Tyneside NE31 1SF. DX 742350 JARROW. See Legal Aid
04/08/16 (1): Switalskis Solicitors, York - Eighth Annual Review of the MCA 2005, 13/10/16. — This well-established one-day conference is aimed at advocates, IMCAs, and professionals working in community care, adult social care, health care, voluntary organisations and charities. Speakers are: Neil Allen, DJ Bellamy, Annabel Lee, Christian Walsh, Parishil Patel, Natalie Brown, Fenella Morris QC, Simon Burrows, Dr Nick Brindle and Joseph O'Brien. Price: £100 incl VAT; free for charities. See flyer for further details and booking information.
30/07/16 (1): SRA case added.Jimoh Adun of Nieko Solicitors (SRA decision: control of practice) (2016) MHLO 23 — (1) The SRA decided on 15/7/15 (decision published 24/7/15) that Mr Adun's practising certificate for 2014/2015 would be subject to the following conditions: "(a) Mr Adun is not to be a recognised sole practitioner, manager or owner of any authorised body or authorised non-SRA firm; (b) Mr Adun shall immediately inform any actual or prospective employer and relevant authorised body's authorised signatory and/or organisation contact of these conditions and the reasons for their imposition." (2) Reasons: "Jimoh Adun is subject to Regulation 3 of the SRA Practising Regulations 2011. He was the sole manager and owner of the firm Nieko Solicitors, which was subject to an intervention decision dated 5 December 2014. The grounds for intervention were abandonment of practice and that the intervention was necessary to protect the interests of clients (former or potential) of Mr Adun. The SRA had been advised that he was being investigated by the Legal Aid Agency. His conduct is currently being investigated by the SRA."
25/07/16 (1): CPD invoice page fixed. The "obtain an invoice" page is working again now - apologies for any inconvenience. See CPD scheme
13/07/16 (1): Best interests case.Re A (A Child) (2016) EWCA Civ 759, (2016) MHLO 22 — "This is an appeal against the making of a declaration by Mrs Justice Parker on 20 June 2016 whereby she declared that: 'It is lawful and in A's best interest to remove his respiratory support by extubating him and, if he becomes unstable, not to reintroduce his respiratory support again but instead generally to furnish such treatment by way of pain relief or sedation and nursing as may be appropriate to ensure that A suffers the least distress and pain at the time and in the manner of his dying.'"
09/07/16 (2): Fitness to plead case.R v Orr (2016) EWCA Crim 889, (2016) MHLO 21 — "The appeal concerns the definition of 'fitness to plead' and the process engaged by the trial judge in the instant trial which proceeded after he found the defendant 'unfit to be cross examined'. ... Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to the point of cross examination and thereby implicitly determined that the appellant was no longer able to fully participate in his trial within the 'Pritchard' refined criteria. In these circumstances, the procedure to be adopted was clearly set out by section Criminal Procedure (Insanity) Act 1964, 4A. We agree with the submission that this is a statutory mandatory requirement which cannot be avoided by the court's general discretion to order proceedings otherwise, however beneficial to the defendant they may appear. It follows that, in this case, the jury should not have been allowed to return a verdict, other than a verdict of acquittal if they were not satisfied on the evidence already given in the trial that the appellant did the act charged against him. The appeal against conviction must be allowed."
30/06/16 (1): King's College London: Mental Health, Ethics and Law MSc. This MSc programme will equip students to become leaders in mental health policy, law or practice. It has been designed for health care professionals, lawyers, policy makers, and all those with a relevant first degree who are keen to consider the difficult questions raised by mental ill health and society's response. Benefits of the programme include that it: (1) Offers in-depth and integrated clinical, philosophical and legal analysis of key issues in the field of mental health. (2) Is supported by the UK's first centre of medical law and ethics (CMLE) and Europe’s largest centre for research and teaching in psychiatry, psychology and neuroscience (IoPPN). (3) Is located in central London and maintains close links with national and international policy formers and leading legal and clinical practitioner communities. For further information on this course, please visit the King’s online prospectus.
23/06/16 (1): Manchester University/AMHPA: Taking Stock conference - Manchester, 21/10/16. — The University of Manchester and AMHPA (Approved Mental Health Professionals Association) are holding their annual conference on mental health law and practice - "Taking Stock" - on Friday 21/10/16 in Manchester. The speakers will include Sara Ryan, Norman Lamb MP, Margaret Flynn, Dr Tom Burns, Alex Ruck Keene, Yogi Amin, Jake Mills and Neil Allen. Price: £125. For further details see the AMHPA website or the conference's Eventbrite page for booking.
22/06/16 (2): Northumbria University: Achieving Justice Conference - Newcastle, 8/10/16 - 9/10/16. — "Achieving justice for families and children" will be debated at a major international research and practice conference being held at Northumbria University on 8/10/16 and 9/10/16. Early Bird rate registration available until 1/7/16. Keynote speakers are Sir James Munby, Nicholas Stonor, Brid Featherstone, Judith Masson and Kathryn Abel. Professor Kim Holt, Head of the Department of Social Work and Communities at Northumbria University, is organising the conference. For more information or to book a place visit the Northumbria University website
22/06/16 (1): Job advert.Cygnet Hospital, Bury - MHA Administrator Applicants should be working in an MHA role already. The starting salary is £18,000, or £20,000 for those with the MHA Law & Practice Certification. For more details, including how to apply, see the Jobs page. (Job vacancies can be listed here for a small fee.)