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IN THE UPPER TRIBUNAL Appeal No.UA-2023-000128-HM
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 190 (AAC)
On appeal from the First-tier Tribunal (Health, Education and Social Care Chamber)
Between:
OO
Appellant
- v –
Central and North West London NHS Foundation Trust
First Respondent
and
Secretary of State for Justice
Second Respondent
Before: Upper Tribunal Judge Church
Decided following a remote oral hearing on 29 January 2024
Representation:
Appellant: Mr Roger Pezzani of counsel, instructed by Omiros Nicholas and Georgina Thomas of Messrs Guile Nicholas, Solicitors
First Respondent: Weightmans LLP (written submissions only)
Second Respondent: Ms Angie Munley of the Mental Health Casework Section of The Ministry of Justice (written submissions only)
DECISION
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- This decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698))
- Factual and procedural background
- The 13 July 2022 hearing
- Events between the 13 July 2022 hearing and the 29 November 2022 hearing
- The 29 November 2022 hearing
- The Permission stage
- The hearing of the substantive appeal before the Upper Tribunal
- The relevant law and procedure rules
- Discussion
- Equality of arms
- Opportunity to cross-examine witnesses relied upon
- Conclusions on procedural fairness
- Conclusions
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