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Mental health – Prisoner. The claimant was detained under s 37 of the Mental Health Act 1983 at a medium security hospital. Following an incident, he was referred for transfer to a high security hospital. Despite requests, the claimant's legal representative was not given the documents that were put before the panel and was not permitted to attend the hearing. Nevertheless, the claimant was given opportunities to put his side of events forward in meetings. His representative declined to make any representations before the panel meeting despite hearing an overview from the claimant. The claimant's transfer was approved, and he issued proceedings for judicial review. In allowing the defendant health trust's appeal, the Court of Appeal, Civil Division, held that, on the evidence, there had not been a breach of common-law principles of procedural fairness.
Mental health – Prisoner. The claimant was detained under s 37 of the Mental Health Act 1983 at a medium security hospital. Following an incident, he was referred for transfer to a high security hospital. Despite requests, the claimant's legal representative was not given the documents that were put before the panel and was not permitted to attend the hearing. Nevertheless, the claimant was given opportunities to put his side of events forward in meetings. His representative declined to make any representations before the panel meeting despite hearing an overview from the claimant. The claimant's transfer was approved, and he issued proceedings for judicial review. In allowing the defendant health trust's appeal, the Court of Appeal, Civil Division, held that, on the evidence, there had not been a breach of common-law principles of procedural fairness.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts