Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity to make decisions about residence … Read More ›
Category: Deprivation of liberty
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important review and clarification of its … Read More ›
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, in which the Court of … Read More ›
This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in Cheshire West. It is undoubtedly … Read More ›
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of tack from the courts as … Read More ›
In Re A-F (Children) [2018] EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation to deprivation of liberty and … Read More ›
In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of how Re X applications (now, … Read More ›
The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ([2016] EWCOP … Read More ›
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called … Read More ›
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner South London & Ors [2017] … Read More ›