Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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From Mental Health Law Online

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The internet resource on mental health law in England & Wales, primarily for mental health practitioners, to which anyone can contribute. From April 2006 to September 2010 this website was called Wiki Mental Health. The following are the main content areas:

1. Case law   2. Legislation   3. General information   4. CPD scheme
Regularly updated commentaries on the cases, with links to the full text judgments on Bailii. (Currently 1627 categorised cases)   The full text of, and a simple and up-to-date commentary on, the Mental Health Act 1983, the Mental Capacity Act 2005, and related legislation.   General articles to explain the concepts and terminology used in the caselaw and legislation sections; and practical guidance for lawyers   Online CPD scheme providing 12 points for £60: suitable for solicitors (SRA-accredited), barristers (established practitioners), psychiatrists, social workers and psychiatric nurses.

Recent updates on website

For further details of the updates below, click here:

  • 30/01/15 (3): EPA case. Re RG: Public Guardian v PB (2015) EWCOP 2, (2015) MHLO 6 — "This is an application for the court to reconsider an order made on the papers, partially revoking an enduring power of attorney."

  • 30/01/15 (2): ICLR report: [2015] WLR (D) 25. See R v Wells (2015) EWCA Crim 2, (2015) MHLO 5

  • 30/01/15 (1): Unfitness to plead case. R v Wells (2015) EWCA Crim 2, (2015) MHLO 5 — "In each appeal and application before the court, the defendant has been found unfit to plead: that is to say, based on medical evidence, the court has found that one or more of the following criteria is satisfied namely that he or she does not have the ability to plead to the indictment, to understand the course of the proceedings, to instruct a lawyer, to challenge a juror, to understand the evidence. ... Where a defendant's disability impacts on his/her ability to take part in a trial but he/she is not otherwise affected by a psychiatric condition such as renders what is said in interview unreliable (whether or not the delusional traits are apparent on the face of the interview), there is no reason why the jury should not hear them albeit with an appropriate warning. When considering the extent to which evidence of the interview should be admitted, it remains relevant to consider all the circumstances."

  • 29/01/15 (3): Law Society Gazette, 'SDT: Lucia Shingirai Benyu and Ronnie Benyu' (19/1/15). See Lucia Benyu (strike off) and Ronnie Benyu (section 43 order) (2014) MHLO 138 (SDT)

  • 29/01/15 (2): Law firm closed down. Jimoh Adun of Nieko Solicitors (SRA decision: closure) (2015) MHLO 4 (SRA) — The SRA decided to intervene because Jimoh Adun had abandoned his practice at Nieko Solicitors, and it was necessary to protect the interests of clients (former or potential) and any beneficiaries of any trust of which he is or was a trustee. The SRA was unable to gain access on 8/12/14 but gained access three days later with a court order.

Keeping up to date

Receive updates via any of the following means:

The Small Places: recent posts
Bailii: recent COP cases
Google: MH News