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R (OK) v First-Tier Tribunal (Cambian Fairview (Interested Party

Author / Contributor: Kris Gledhill
14.16
R (OK) v First-Tier Tribunal (Cambian Fairview (Interested Party
   
Issue: Whether Arts 5, 6 and 14 ECHR required that the power of application to a Tribunal by a patient without capacity to apply and detained under s3 Mental Health Act 1983 should be interpreted as a power to apply by the patient or their litigation friend; the correct procedural route when a Tribunal finds that an application purports to have been made on behalf of a patient without capacity.
   
Court: Upper Tribunal (AAC)
   
Reference:   JR/1559/2016
   
Neutral Citation:   [2017] UKUT 22 (AAC)
   
Judge(s): UTJ Jacobs
   
Date: 12 January 2017