- 13/05/13 (1): New book on Mental Health Tribunals. Fennell, Letts and Wilson, Mental Health Tribunals: Law, Policy and Practice (Law Society, April 2013). The blurb on the back cover states: 'This practical book provides all professionals, particularly legal represenatives, with an accessible and up-to-date guide to Mental Health Tribunals.' The Foreword by Lucy Scott-Moncrieff can be read online. As one of the authors I heartily recommend this book! Purchase from Amazon (you can order even when listed as 'out of stock' as it will be replenished shortly by the Law Society). See Books
- 12/05/13 (1): Extra-statutory recommendations case. EC v Birmingham and Solihull Mental Health NHS Trust (2013) MHLO 47 (CA) — The appellant restricted patients had sought extra-statutory recommendations, in relation to leave and transfer, but the First-tier Tribunal had refused, without hearing evidence, to make recommendations. (1) The parliamentary answer in relation to extra-statutory recommendations given by a Home Office minister on 28/10/87, and the fact that recommendations had been made and considered in the past, did not give rise to a legitimate expectation that the tribunal would entertain submissions that a recommendation should be made. (2) If the FTT had been faced with the contention that leave or transfer were necessary or available parts of the patient's treatment (in relation to the test in s72(1)(b)(iia)) it would have had to consider it, but in these cases it had not been. [Summary based on Lawtel and All ER (D) reports.]
- 11/05/13 (6): Youtube, 'UK Supreme Court Judgments 9th May 2013 - Part 1' (9/5/13). Video of Lord Neuberger summarising the Pitt v Holt judgment. See Pitt v Holt (2013) UKSC 26, (2013) MHLO 46
- 11/05/13 (5): Mark Herbert, 'Initial reaction to Pitt v Holt judgment' (5 Stone Buildings, 9/5/13). See Pitt v Holt (2013) UKSC 26, (2013) MHLO 46
- 11/05/13 (4): Financial case. Pitt v Holt (2013) UKSC 26, (2013) MHLO 46 — As receiver under the MHA 1983 (old equivalent to deputy under the MCA 2005) for her husband, Mrs Pitt set up a settlement trust which overlooked the impact of inheritance tax; Futter's case did not involve the mental capacity. (1) The court considered the Hastings-Bass rule, and dismissed Mrs Pitt's appeal on this point (she had not breached her fiduciary duty so the settlement would not be set aside on this basis). (2) The court considered the test for setting aside a voluntary disposition on the ground of mistake, and allowed Mrs Pitt's appeal on this point.
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