EB v Dorset Healthcare NHS Trust and the Lord Chancellor: [2020] UKUT 362 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Mrs Justice Farbey, Judge Jacobs and Judge Ramshaw on 16 December 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 29 December 2020

• Categories: Mental health, Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - other
• Judges: Farbey, J, Jacobs, E, Ramshaw, P
• Decision date: 16 December 2020

Read the full decision in HM/1456/2020.

Judicial Summary

Practice Directions cannot override or amend a rule of procedure and must be interpreted if possible to be valid and consistent with the rules.

Paragraph 8 of the Senior President of Tribunals’ Amended Pilot Practice Direction: Health, Education and Social Care Chamber (Mental Health) is valid and relates only to the practicability of a pre-hearing examination by a panel member.

Published 29 December 2020