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Bloomsburry Family law

Personal injury

Alexis Michaela Cecile Blumentahl v The Church Commissioners for England [2004] EWCA Civ 1688

Disputing the court’s jurisdiction – Lands Tribunal – Modification – Positive covenants – Restrictive covenants – Lands Tribunal’s jurisdiction – User obligations – Occupation of leased premises – Positive obligation – Restricted user – Unreasonable result – s 84 Law of Property Act 1925

DN (By his father and litigation friend RN) v Greenwich London Borough [2004] EWCA Civ 1659

Causation - Expert evidence - Local education authorities - Measure of damages - Professional negligence - Psychologists - Special educational needs - Expert evidence of educational psychologist in own defence - Measure of damages for negligence in failing properly to identiy educaitonal needs - Failure to diagnose Asperger’s Syndrome - Autism - Loss of a chance - Psychiatrists - Mental Health Act 1983

R (on the application of MH) v Secretary of State for the Department of Health [2004] EWCA Civ 1690

Human rights - Declarations of incompatibility - Detention - Lawfulness of detention - Mental health review tribunals - Mental patients rights - Right to liberty and security - Compatibility of s 2 and s 29(4) Mental Health Act 1983 with Art 5 European Convention on Human Rights 1950 - Mental Health Act 1983 - European Convention on Human Rights 1950, Art 5 - Mental Health Act 1983, s 23 - Mental Health Act 1983, s 25 - Mental Health Act 1983, s 29 - Mental Health Act 1983, s 2 - European Convention on Human Rights 1950, Protocol 13 Art 5

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