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Computer Aided Transcript of Smith Bernal Reporting Limited, 190 Fleet Street, London EC4A 2AG Telephone No: 202 7421 4040 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)
MR I WISE (instructed by DALE & CO, LINCOLN appeared on behalf of the Applicant MR P HAMLIN (instructed by BEACHCROFT WANSBROUGHS SOLICITORS) appeared on behalf of the Respondent ____________________
MR HAMLIN: Then we ask your Lordship to dismiss as your Lordship has. There is no application for costs.
MR WISE: My Lord, may I thank your Lordship for the long and considered judgment that you have just given. There are important and sensitive issues that arise in this case. In particular, there are two issues which do merits further consideration and those points I ask your Lordship to grant leave to appeal.
The first point is whether best interests and that is the perceived best interest as your Lordship identified as by the professionals, whether those perceived best interests can constitute an overriding public interest such as to allow a health authority to resile from the promise for a home for life. That is a novel point that has not, as far as I am aware, been considered by the Court before.
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