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06 September 2018 / Keith Wilding
Issue: 7807 / Categories: Features , Mental health
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Time to be mindful

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Keith Wilding reviews the Mental Health Act & considers some ambitious proposals for a brighter future

  • Recognition of the need for resources.
  • Leading the way to social change.
  • Seeking to enhance the autonomy of the individual.
  • Linking future mental health provisions.
  • A single route of challenge to detention under the 1983 Act (potentially).

In October 2017 the prime minister commissioned an independent review of the Mental Health Act 1983 (MHA 1983) to be chaired by Sir Simon Wessely, a past president of the Royal College of Psychiatrists. The terms of reference set out, among other things, the broad aim for people with mental health problems to be treated with dignity and for their liberty and autonomy to be protected as far as possible and to create ‘a forward looking plan of changes to legislation and practice, resulting in an enduring legacy of mental health support’. The Wessely review has recently published an interim report (‘The independent review of the Mental Health Act, Interim report’).

The review so

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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