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August 2017 update

Website

  • Magic Book. The Magic Book is a database of contact details. It is a new addition to MHLO - but it can be expanded and be a success if everybody joins in, including you. To create/edit contacts, there is no need to log in and the process is very quick and simple. See Magic Book
  • Mental Health Law Online CPD scheme: 12 points for £60. Obtain 12 CPD points online by answering monthly questionnaires. The scheme is an ideal way to obtain your necessary hours, or to evidence your continued competence. It also helps to support the continued development of this website, and your subscriptions (and re-subscriptions) are appreciated. For full details and to subscribe, see CPD scheme.

Case law

  • Damages following unlawful arrest (Barrymore). Parker v Chief Constable of Essex Police [2017] EWHC 2140 (QB) — "The Defendant founds its submission that the Claimant is entitled to nominal damages only on the decision of the Supreme Court in Lumba (WL) v SSHD [2011] UKSC 12. Lumba has been considered and applied by the Supreme Court in R (Kambadzi) v SSHD [2011] UKSC 23B and by the Court of Appeal in Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, [2015] MHLO 12. The Defendant relies upon Kambadzi and Bostridge as well as Lumba. ... Applying the basic principles of compensatory damages in tort, the counterfactual (i.e. what would have happened if the tort had not been committed) in Lumba was that the Secretary of State would have detained the claimants lawfully pursuant to the published policy. ... In Bostridge the finding of the trial judge was that the appellant would have been detained as and when he was if his illness had been correctly addressed via section 3 of the Mental Health Act, as it should have been; and that he would then have received precisely the same treatment and been discharged when he was. The Court of Appeal held that the fact that this counterfactual necessarily included steps being taken by persons other than the Defendant did not prevent the application of the principles set out in Lumba. The appellant therefore recovered only nominal damages. It is not enough for a Defendant in the position of the Secretary of State in Lumba or the Defendant in the present case to show that the counterfactual could have resulted in the same outcome as had been caused by the tort: the Defendant must go on to show that it would have done so. ... It follows that I reject the Defendant's submission that the principles set out in Lumba are applicable if the unlawfully arrested Claimant was "arrestable", meaning that he could have been lawfully arrested: it is necessary for the Defendant also to show that he would have been lawfully arrested. The principles set out in Lumba lead to an award of nominal damages if no loss has been suffered because the results of the counterfactual are the same as the events that happened. If and to the extent that they diverge (e.g. because a lawful arrest would not have occurred at the time but would have occurred later) the Court will have to decide on normal tortious compensatory principles whether and to what extent a substantial award of damages is merited for the divergence in outcome. What is the appropriate counterfactual in a given case will be acutely fact-sensitive."

Events

  • MHLA: 18th Annual Conference - Leeds, 17/11/17 — No results
  • Manchester University/AMHPA: Taking Stock conference - Manchester, 19/10/17 — No results
  • PELT: Deprivation of Liberty made simple - Hoylake, 13/12/17 — No results
  • PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/11/17 — No results
  • PELT: Court of Protection Masterclass (new material) - Hoylake, 8/11/17 — No results
  • PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 26/10/17 — No results
  • PELT: Introduction to MCA and DOLS - Hoylake, 18/10/17 — No results
  • PELT: Introduction to the Mental Health Act - Hoylake, 4/10/17 — No results
  • PELT: Two-day admission to panel (accredited) - Hoylake, 25/9/17 and 26/9/17 — No results
  • PELT: Introduction to COP, including s21A appeals - Hoylake, 12/9/17 — No results
  • Derek Boothby and Andy Brammer: Best Practice in DOLS and Best Interest Assessments Conference - Wakefield, 14/11/17 — No results
  • Empowerment Matters: National IMCA Conference 2017 - London, 10/11/17 — No results
  • Empowerment Matters: National IMCA Conference 2017 - Sheffield, 20/10/17 — No results
  • MHLA: Panel course - Leeds, 25/10/17 and 26/10/17 — No results
  • MHLA: Panel course - London, 18/10/17 and 19/10/17 — No results

Jobs

These jobs were advertised in July 2017.

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