KH AND ANOTHER v NOTTINGHAMSHIRE HEALTHCARE NHS FOUNDATION TRUST AND ANOTHER (THE LAW SOCIETY OF ENGLAND AND WALES, INTERESTED PARTY)

[2025] Med LR Plus 22

UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER)

Before Upper Tribunal Judge Church

Mental Health Tribunals – Proper approach to assessing mental capacity applicable to the conduct of proceedings – When to assess capacity – How to balance the right to representation with the entitlement to maximise participation in proceedings in accordance with the overriding objective.