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Welcome to 39 Essex Chambers
39 Essex Chambers is a leading set based in London, Manchester, Kuala Lumpur and Singapore. Our barristers offer a depth of expertise in a range of specialist sectors and practice areas.
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Cases
News, Blogs & Articles
DL-H v Devon Partnership NHS Trust
Citation: [2010] UKUT 102 AAC
The Tribunal gave inadequate reasons for its decision not to discharge the patient; this decision was set aside and a re-hearing directed. In principle, and in this case, it would not be fair and just to restrict the scope of an appeal to the grounds in the application. Discussion of the meaning of mental disorder and its classification for the purposes of the Mental Health Act. Detention is authorised by reference to the twin requirements of treatment and protection, moderated by the word “necessary”; that demanding test provides ample protection without the need for any additional consideration of proportionality. Discussion of “appropriate treatment available” test in context of personality disorder and refusal of treatment.
Related Barristers
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