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BB v South London and Maudsley NHS Foundation Trust [2009] UKUT 157 (AAC)

(1) The Tribunal panel failed to state with clarity how and why it disagreed with the reasoning of the independent psychiatrist who had recommended conditional discharge; therefore, the making of the decision involved the making of an error on a point of law. (2) The decision was not set aside: to do so would provide no practical benefit as the patient had recently re-applied to the Tribunal.


Hearing: 5 August 2009

Decision: 7 August 2009

Before: Mr Justice Walker CP, Upper Tribunal Judge Levenson and Upper Tribunal Judge Jacobs

Stephen Simblet (instructed by Wolton & Co) for the Appellant

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