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Mental health

02 April 2010
Issue: 7411 & 7412 / Categories: Case law , Law digest
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R (on the application of JM) v Hammersmith and Fulham London Borough Council and another; R (on the application of Hertfordshire County Council) v Hammersmith and Fulham London Borough Council [2010] EWHC 562 (Admin), [2010] All ER (D) 218 (Mar)

The court considered the meaning of “resident” (in s 117 of the Mental Health Act 1983), “ordinarily resident” (in s 24 of the National Assistance Act 1948) and “normally resident” (referred to in the Housing Act 1996). It also considered whether the deeming provision in s 24(5) of the 1948 Act could make a difference to a conclusion based on the ordinary meaning of the words in s 117.

It held that there was no perceptible difference between the phrases “resident”, “ordinarily resident” and “normally resident”—all three connoted settled presence in a particular place other than under compulsion. Further the deeming provision in s 24(5) of the 1948 Act could make no difference to a conclusion based on the ordinary meaning of the words in s 117—what was deemed to occur for the purpose of the

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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