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Mental Health

19 October 2012
Issue: 7534 / Categories: Case law , Law digest , In Court
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R (on the application of Sunderland City Council) v South Tyneside Council [2012] EWCA Civ 1232, [2012] All ER (D) 97 (Oct)

The test set out in Shah v Barnet London Borough Council [1983] 1 All ER 226 was not a helpful guide to the meaning of “is resident” in s 117(3) of the Mental Health Act 1983 (MHA 1983). That was because the circumstances to which the test of ordinary residence was to be applied under the Education Act 1962 were very different from those in which s 117(3) of MHA 1983 had to be considered. Mohamed v Hammersmith and Fulham London Borough Council [2002] 1 All ER 176 was more helpful and relevant. It was clear that, for the purposes of s 117 of MHA 1983, a person could not have more than one residence, whereas for other legislative purposes the person in question could be resident in two different places at the same time. In general, when considering any case in which there was doubt as to the place of a person’s residence,

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MOVERS & SHAKERS

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

Real estate disputes team strengthened by London partner hire

Morgan Lewis—Christian Tuddenham

Morgan Lewis—Christian Tuddenham

Litigation partner joins disputes team in London

NEWS
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Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
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