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This decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698))
This decision may be made public (rule 14(7) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI No 2698)).
The decision of the Upper Tribunal is to allow the appeal.
The decision of the First-tier Tribunal made on 29 November 2022 under number MM/2022/06325 was made in error of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the matter to the First-tier Tribunal for re-hearing before a differently constituted panel.
REASONS FOR DECISION
What this case is about
This case is about the issue of “equality of arms” in terms of expert evidence at mental health tribunals, and in what circumstances fairness might necessitate adjourning to give a patient an effective opportunity to challenge the detaining authority’s case.
- Heading
- 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