December 2017 chronology

See December 2017 update for a thematic summary of these changes.

14/12/17 (1): JR guide. Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2017' (dated July 2017, published 7/11/17) — Extract from preface to the 2017 edition: "This Guide provides a general explanation of the work and practice of the Administrative Court. It is designed to make it easier for parties to conduct judicial reviews in the Administrative Court, by drawing together into one place the relevant statutory provisions, rules of procedure, practice directions, and case law on procedural aspects of judicial review. It provides general guidance as to how litigation in the Administrative Court should be conducted in order to achieve the overriding objective of dealing with cases justly and at proportionate cost. The Guide has been prepared with all Court users in mind, whether they are persons who lack legal representation (known as “litigants in person”) or persons who have legal representation. We invite all Court users to follow this Guide when they prepare and present their cases." Newer version: Judiciary for England and Wales, 'The Administrative Court Judicial Review Guide 2020 (1/9/20).

13/12/17 (4): MHA book. Richard Jones, Mental Health Act Manual (20th edn, Sweet and Maxwell 2017). The book everybody needs to have.

13/12/17 (3): COP book. Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (2nd rev edn, LAG 2017). You can purchase the revised second edition in paperback, or read the free Kindle supplement to the second edition. The supplement contains the following headings: capacity; best interests; informal decision-making and the role of the Court of Protection; case management; the participation of P; public funding; deprivation of liberty: statutory wills, gifts and powers of attorney; human rights; destination table. It also contains the full text of the Court of Protection Rules 2017.

13/12/17 (2): Parole Board book. Hamish Arnott and Simon Creighton, Parole Board Hearings: Law and Practice (3rd edn, LAG 2014). Published in January 2014 but still (in 2017) the best book on the subject.

13/12/17 (1): After-care. Richards v Worcestershire County Council [2017] EWCA Civ 1998 — Executive summary and conclusion from judgment: "The claimant has a long history of mental illness, following frontal lobe injury which he sustained in a road traffic accident 33 years ago. He received damages following the accident, which his deputy administers. The claimant was compulsorily detained in hospital under section 3 of the Mental Health Act 1983 in 2004. Following his discharge from hospital he has received various after-care services. The claimant's deputy funded the services between 2004 and 2013. The defendants have funded those services since 2013. The claimant by his deputy now seeks to recover the costs of the after-care services between 2004 and 2013 (including 18 months residential placement) on the grounds that the defendants are liable for the costs under section 117 of the 1983 Act. The defendants applied to strike out the claim as an abuse of process. The judge rejected that application. The defendants now appeal on two grounds: first, the claimant should have brought his claim by judicial review; secondly, the defendants' alleged non-compliance with section 117 of the 1983 Act does not entitle the claimant to recover damages for unjust enrichment or restitution. The first ground of appeal raises a clean point of law, capable of resolution on the basis of the pleadings. I decide that point against the defendants. The second ground of appeal (despite its formulation as a point of law) raises questions of fact which are hotly contested. This is not, therefore, suitable for resolution on an application to strike out. In the result, therefore, if my Lords agree, this appeal will be dismissed."

07/12/17 (10): Newsletter. Mind, 'Legal Newsletter' (December 2017) — This newsletter contains news under the following headings: (1) Thriving at Work - The Stevenson/Farmer Review of mental health and employers; (2) Mental Health and Fair Trial; (3) Section 117 and multiple diagnoses; (4) Damien Tinsley v Manchester City Council [2017] EWCA Civ 1704^M; (5) R(CXF) v Central Bedfordshire Council [2017] EWHC 2311 (Admin)^M; (6) Burden of Proof in discrimination claims in the Employment Tribunal - Ayodele v Citylink [2017] EWCA Civ 1913^B.

07/12/17 (9): NHS England briefing note. Roger Banks et al, 'Briefing note' (relating to MM and and PJ Court of Appeal judgment, gateway ref 07333, 24/11/17) — The aims of this briefing note are to provide practitioners within Transforming Care Partnerships (TCPs) with a summary of the Court of Appeal judgment in SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194, and to outline some of the possible implications for the Transforming Care programme. It is authored by Dr Roger Banks (National Senior Psychiatry Lead, NHS England) and John Trevains (Head of Mental Health and Learning Disability Nursing, NHS England).

07/12/17 (8): Dear Colleague letter. Julie Higgins et al, 'MM and PJ Court of Appeal Hearing and Judgements' (Dear Colleague letter, gateway ref 07333, 24/11/17) — This Dear Colleague letter to all NHS and independent sector mental health and learning disability providers summarises a briefing note on SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194 which was prepared specifically in relation to those patients with a diagnosis of learning disability and autism who are part of the Transforming Care Programme, but also is relevant for patients with a mental illness or personality disorder diagnosis.

07/12/17 (7): PELT: DOL made simple - Hoylake, 13/12/17 — No results See Events

07/12/17 (6): PELT: Introduction to COP, including s21A appeals - Hoylake, 14/2/18 — No results See Events

07/12/17 (5): PELT: Introduction to the Mental Health Act - Hoylake, 20/3/18 — No results See Events

07/12/17 (4): PELT: Introduction to MCA and DOLS - Hoylake, 17/4/18 — No results See Events

07/12/17 (3): PELT: Depriving Children and Young People of their liberty lawfully - Hoylake, 19/4/18 — No results See Events

07/12/17 (2): PELT: Court of Protection Masterclass (new material) - Hoylake, 15/5/18 — No results See Events

07/12/17 (1): PELT: Mental Health Act Masterclass (new material) - Hoylake, 22/5/18 — No results See Events