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16 February 2011 / Mark Mullins
Issue: 7453 / Categories: Features , Public
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A liberty worth defending

Mark Mullins reports on unlawful detention

On the 30 January 2009 an approved mental health professional (AMHP) working for the London Borough of Hackney made an application for the compulsory admission to hospital, under s 3 of the Mental Health Act 1983 (MHA 1983), of M, a painter and decorator. Her application stated that she had consulted with M’s brother (his “nearest relative”) and that he did not object.

The procedure for compulsory admission under MHA 1983  says that a s 3 application “may not be made” if the “nearest relative” objects (s 11(4)(a)). An application “which appears to be duly made” may be acted upon by hospital managers without further proof of any fact or opinion in it and gives a hospital legal authority to detain and treat a patient (s 6(3)).

The AMHP’s application was accepted and M was detained in the hospital trust’s hospital.

Habeas corpus proceedings

Habeas corpus proceedings brought urgently in the Administrative Court were decided on 11 February 2009. Burton J. heard oral evidence from M’s brother

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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