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02 April 2010
Issue: 7411 & 7412 / Categories: Case law , Law digest
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Mental health

R (on the application of JM) v Hammersmith and Fulham London Borough Council and another; R (on the application of Hertfordshire County Council) v Hammersmith and Fulham London Borough Council [2010] EWHC 562 (Admin), [2010] All ER (D) 218 (Mar)

The court considered the meaning of “resident” (in s 117 of the Mental Health Act 1983), “ordinarily resident” (in s 24 of the National Assistance Act 1948) and “normally resident” (referred to in the Housing Act 1996). It also considered whether the deeming provision in s 24(5) of the 1948 Act could make a difference to a conclusion based on the ordinary meaning of the words in s 117.

It held that there was no perceptible difference between the phrases “resident”, “ordinarily resident” and “normally resident”—all three connoted settled presence in a particular place other than under compulsion. Further the deeming provision in s 24(5) of the 1948 Act could make no difference to a conclusion based on the ordinary meaning of the words in s 117—what was deemed to occur for the purpose of the

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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