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Information for "Re F (2021) MHLO 6 (FTT)"

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Display titleRe F [2021] MHLO 6 (FTT)
Default sort keyRe F (2021) MHLO 6 (FTT)
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Page ID14654
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Page creatorJonathan (talk | contribs)
Date of page creation21:30, 17 October 2022
Latest editorJonathan (talk | contribs)
Date of latest edit09:51, 31 May 2023
Total number of edits6
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The tribunal, without first consulting the patient's representative, directed that the patient give evidence first in a video hearing, and rejected a submission that the responsible authority should be heard first. The representative stated that the judge had referred to a policy which required this order of evidence in CVP hearings (the panel judge accepted it was possible she used the term 'policy'). On review, the STJ decided that there was a clear error of law: if the justification for the direction on the order of evidence included reference to a policy, whether that was intended to convey a tribunal wide policy or a policy specific to this judge it would constitute an unlawful fetter of the tribunal's discretionary powers. There is no policy that patients must give evidence first in CVP hearings.
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