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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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