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23 October 2014
Issue: 7627 / Categories: Case law , Law digest , In Court
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Mental health

R (on the application of M) v Kingston Crown Court; M v Wells Unit West London Mental Health Trust [2014] EWHC 2702 (Admin), [2014] All ER (D) 02 (Oct)

The claimant, aged 17, was facing trial for assault. He sought judicial review of the judge’s order under s 35 of the Mental Health Act 1983, remanding him to hospital for a report to be made on his mental condition. The Divisional Court, in allowing the application, held that s 35 of the Act did not permit an order to be made for the purpose of obtaining evidence relevant to an issue at trial. Although relating to a trial on indictment, the order was quashed, as it contained a jurisdictional error of such gravity as to take the case out of the jurisdiction of the court below.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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