July 2012 chronology

See July 2012 update for a thematic summary of these changes.

26/07/12 (1): Stephen Neary damages. Re Steven Neary; LB Hillingdon v Steven Neary [2012] MHLO 71 (COP) — The Court of Protection approved a consent order under which the London Borough of Hillingdon is to pay £35,000 damages to Stephen Neary.§

24/07/12 (1): Upper Tribunal case. EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC), [2012] MHLO 70 — (1) Appeals against tribunals' refusals to hear arguments in relation to extra-statutory recommendations were dismissed as (a) there is no legal right to advance these arguments (this is a sufficient reason for not making an extra-statutory recommendation which can be implied if not stated), (b) refusal to consider a extra-statutory recommendation is neutral rather than disadvantageous to the patient, and (c) a flawed extra-statutory should have no effect because of its legal status. (2) The judge made further comments about (a) potential guidance to hospital managers about UT procedure, (b) secondary challenges by the appellants, and (c) tribunal procedure generally in relation to extra-statutory recommendations.§

12/07/12 (1): O'Donnells Solicitors, 'Cheshire West and Chester Council -v- P and M' (11/7/12). The Supreme Court has given leave to appeal the decisions in Cheshire West and P and Q. See Cheshire West and Chester Council v P [2011] EWCA Civ 1257

09/07/12 (1): The CPD questionnaire for June 2012 is now online. Obtain 12 SRA-accredited CPD points for £60. See CPD scheme