Hearing in a party’s absence (MHT)

See Tribunal rule 39.

In DA v Kent and Medway NHS and Social Care Partnership Trust [2019] UKUT 348 (AAC)M the tribunal refused to adjourn the case of a CTO patient who had not attended the hearing, then the solicitor left the hearing because she felt unable to represent the patient in those circumstances. The tribunal’s initial decision to proceed without the patient had been lawful, but it had failed to make a fresh assessment under rule 39(1) as to whether it was in the interests of justice to proceed with the hearing when the solicitor had departed.


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