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19 October 2012
Issue: 7534 / Categories: Case law , Law digest , In Court
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Mental Health

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

NLJ Career Profile: Nikki Bowker, Devonshires

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Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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