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MM v WL Clinic (2016) UKUT 37 (AAC): Difference between revisions

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''Charles J refused permission to appeal his earlier decision (the main point of which was that, for the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty). The Secretary of State can seek permission from the Court of Appeal.''
{{Case
|Date=2016/01/21
|NCN=[2016] UKUT 37 (AAC)
|Other citations=[2016] MHLO 3
|Court=Upper Tribunal (Administrative Appeals Chamber)
|Judges=Charles
|Parties=MM, WL Clinic, Secretary of State for Justice
|Judicial history first case=PJ v A Local Health Board (2015) UKUT 480 (AAC)
|Sentence=Conditional discharge and DOL
|Summary=Charles J refused permission to appeal his earlier decision (the main point of which was that, for the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty). The Secretary of State can seek permission from the Court of Appeal [and subsequently did].
|Detail===Appeal status information/thanks==
*[[Media:MM Court of Appeal permission granted 9 Mar 2016.pdf|Court of Appeal grant of permission]]. On 9/3/16 the Court of Appeal granted permission because "[T]he appeal raises important points of principle which ought to be considered by this court and on which there is a real prospect of success" and directed that the hearing of the appeal be expedited. {{thanks|Tiong, Donald|Bison Solicitors|providing the Court of Appeal PTA decision}}


==Related judgments==
*Listing news: "Lord Justice Moor-Bick has directed that <nowiki>[</nowiki>[[MM v WL Clinic (2016) UKUT 37 (AAC)|C3/2016/0561 Re MM]]<nowiki>]</nowiki> be expedited into the court list and be heard with [[PJ v A Local Health Board (2015) UKUT 480 (AAC)|C3/2015/4104 Re: PJ]] with a combined time estimate of 2 days.  It has now been imposed into the list floating over the 8th and 9th June 2016." (Email from Civil Appeals Office, 17/3/16)
{{related judgments|MM v WL Clinic (2015) UKUT 644 (AAC), (2015) MHLO 103}}
|Subject=Powers
 
|News=No
==External link==
|RSS pubdate=2021/02/16 09:19:37 PM
[http://www.osscsc.gov.uk/Aspx/view.aspx?id=4755 OSSCSC]. Judgment.
}}
 
{{bailii|(2016) UKUT 37 (AAC)}}
 
At the time of writing, the wrong judgment is on Bailii (not their fault)
 
[[Category:Upper Tribunal decisions]]
[[Category:No summary]]
[[Category:Transcript]]
[[Category:2016 cases]]

Latest revision as of 11:55, 8 October 2021

Conditional discharge and DOL Charles J refused permission to appeal his earlier decision (the main point of which was that, for the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty). The Secretary of State can seek permission from the Court of Appeal [and subsequently did].

Appeal status information/thanks

  • Court of Appeal grant of permission. On 9/3/16 the Court of Appeal granted permission because "[T]he appeal raises important points of principle which ought to be considered by this court and on which there is a real prospect of success" and directed that the hearing of the appeal be expedited. Thanks to Donald Tiong (Bison Solicitors) for providing the Court of Appeal PTA decision.
  • Listing news: "Lord Justice Moor-Bick has directed that [C3/2016/0561 Re MM] be expedited into the court list and be heard with C3/2015/4104 Re: PJ with a combined time estimate of 2 days. It has now been imposed into the list floating over the 8th and 9th June 2016." (Email from Civil Appeals Office, 17/3/16)

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: 21 January 2016🔍

Court: Upper Tribunal (Administrative Appeals Chamber)🔍

Judicial history:

Judge(s):

Parties:

Citation number(s):

What links here:

Published: 28/1/16 00:16

Cached: 2025-06-29 16:42:18

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