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Information for "VS v St Andrew's Healthcare (2018) UKUT 250 (AAC)"

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Display titleVS v St Andrew's Healthcare [2018] UKUT 250 (AAC)
Default sort keyVS v St Andrew's Healthcare (2018) UKUT 250 (AAC)
Page length (in bytes)3,408
Page ID9504
Page content languageen - English
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Page creatorJonathan (talk | contribs)
Date of page creation22:22, 25 August 2018
Latest editorJonathan (talk | contribs)
Date of latest edit19:14, 29 June 2022
Total number of edits8
Total number of distinct authors1
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(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.
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