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Item Mental Health Acts — Perspectives from mental health and law in Ireland and in Portugal(Brill, 2024-04-22) Moreira, Ana Lúcia R.; Whelan, Darius; Colón, Máximo F.; Fouto, Ana CaldeiraMental health legislation is a cornerstone to ensure that individuals with severe mental illness access proper care and treatment. Each country establishes their own legislation. We aimed to compare the Portuguese and Irish Mental Health Acts. We reviewed the respective MHAand the literature. While the definition of mental disorder is similar in general, who, where, when and how one can be detained differ. Judges decide on detentions in Portugal, while consultant psychiatrists may do so in Ireland. Community-based compulsory treatment is possible and used in Portugal while it is not possible in Ireland. Pros and cons of each approach are discussed with a reflection on the protection of human rights. Further theoretical and empirical studies comparing systems in different jurisdictions would be helpful to deepen our understanding of the legislation and guide on how to better serve individuals with severe mental illness.Item Judgment mortgages, co-ownership and registered land(Sweet & Maxwell/Round Hall, 1999-01) Mee, JohnConsider the situation where a judgment mortgage has been registered against the interest of one co-owner of a piece of real property (for example, against the interest of one of the spouses in a jointly–owned family home).1 Can this judgment mortgage be enforced by means of a sale of the property in question? This important practical question hinges on the jurisdiction to order a sale under the Partition Acts of 1868 and 1876, which in turn is dependent on the ancient law of partition. This article seeks to highlight an unexpected problem which arises in relation to registered land.Item The practical implications of Bank of Ireland v Smyth - Part II(Round Hall, 1996) Mee, JOHNPart One of this article, published in the August issue, discussed the implications of the judgment of the Supreme Court in Bank of Ireland v Smyth1 in the context of mortgages of the family home. Part Two, published here, addresses the impact of Smyth on a variety of wider issues, including the sale of residential property, the status of consents to previous transactions on the title and the validity of bank guarantees outside the context of the Family Home Protection Act.Item The practical implications of Bank of Ireland v Smyth - Part I(Round Hall, 1996) Mee, JohnOn the 19th of November 1995, the Supreme Court delivered its long-awaited judgment in Bank of Ireland v Smyth.1 The case concerned the requirements for the validity of a consent under the Family Home Protection Act, 1976. The Supreme Court held that a consent would not be valid unless it could be shown to have been free and fully informed. This decision will create a number of problems for practitioners involved in lending transactions and in the conveyancing of residential property. These practical difficulties will be explored in this two-part article and an attempt will be made to suggest possible solutions.Item The Family Home Protection Act and priorities in land law(Round Hall, 1992) Mee, JohnA number of recent High Court decisions have examined the interplay between the requirement of consent under the Family Home Protection Act, 1976 and the rules governing priorities in registered land. This article analyses these cases and also addresses the broadly similar questions which arise in relation to unregistered land.