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DL-H v Devon Partnership NHS Trust and Secretary of State for Justice |
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| Issue: |
Whether arguments can be raised on an appeal to the Upper Tribunal beyond those raised when permission to appeal was granted; the approach of the Upper Tribunal to a judgment of the First-tier Tribunal; whether it was necessary to consider “proportionality” as well as the statutory test for release in ss72/73 Mental Health Act 1983; whether the Tribunal was bound to discharge on the facts; whether the reasons given were adequate; the approach as to the discretion as to disposal in the Upper Tribunal. |
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| Court: |
Upper Tribunal (AAC) |
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| Reference: |
M/1653/2009 |
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| Neutral Citation: |
[2010] UKUT 102 (AAC) |
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| Judge(s): |
UTJ Jacobs |
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| Date: |
12 April 2010 |