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JD v West London Mental Health NHS Trust and Secretary of State for Justice  | 
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| Issue:  | 
Whether a Tribunal failure to deal with arguments that ongoing detention breached Arts 5 and 8 ECHR but instead simply to apply the statutory criteria was unlawful; the proper remedy for any such unlawfulness. | 
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| Court:  | 
Upper Tribunal (AAC) | 
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| Reference:    | 
HM/0405/2016 | 
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| Neutral Citation:    | 
[2016] UKUT 0496 (AAC) | 
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| Judge(s):  | 
UTJ Jacobs | 
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| Date:  | 
19 July 2016 |