Display title | VS v St Andrew's Healthcare [2018] UKUT 250 (AAC) |
Default sort key | VS v St Andrew's Healthcare (2018) UKUT 250 (AAC) |
Page length (in bytes) | 3,408 |
Page ID | 9504 |
Page content language | en - English |
Page content model | wikitext |
Indexing by robots | Allowed |
Number of redirects to this page | 0 |
Counted as a content page | Yes |
Edit | Allow only users with "editing" permission (infinite) |
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Page creator | Jonathan (talk | contribs) |
Date of page creation | 22:22, 25 August 2018 |
Latest editor | Jonathan (talk | contribs) |
Date of latest edit | 19:14, 29 June 2022 |
Total number of edits | 8 |
Total number of distinct authors | 1 |
Recent number of edits (within past 90 days) | 0 |
Recent number of distinct authors | 0 |
Description | Content |
Article description: (description ) This attribute controls the content of the description and og:description elements. | (1) The capacity that a patient must have in order to make a valid MHT application is that the patient must understand that he is being detained against his wishes and that the First-tier Tribunal is a body that will be able to decide whether he should be released. This is a lower threshold than the capacity to conduct proceedings. (2) (Obiter) a solicitor appointed under rule 11(7)(b) can request to withdraw an application in the best interests of the patient, but on the facts the tribunal had been entitled to give effect to the patient's own desire to come before a tribunal. (3) When a tribunal lacks jurisdiction it should strike out the proceedings but (obiter) if the proceedings were fair then the use of withdrawal rather than strike out is unlikely to be a material error of law. |