The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment… Read more
‘Teen Bournewood’: Court of Appeal decision now out
Category: Deprivation of liberty
Rule 3A representatives, family members (and the ‘obiter trap’)
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more
Deprivation of liberty in intensive care – the Court of Appeal decides
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner… Read more
When to bring an s21A application – flowchart
My admirable colleague Tor Butler-Cole has produced this useful chart to summarise in graphic form the effect of Baker J’s… Read more
Objections, DOLS and the Court of Protection
The long-awaited judgment from Baker J following up on AJ is now out: RD & Ors (Duties and Powers of… Read more
DOLS and public protection (and some thoughts about s21A)
With thanks to Richard Charlton for providing me with the transcript of the judgment in this case, the decision in… Read more
Covert medication and deprivation of liberty
In AG v BMBC & Anor [2016] EWCOP 37, District Judge Bellamy has given some rare, and useful, clarification as… Read more
State imputability, families and deputies
In a judgment from a case heard prior to the decision in Re SRK but delivered afterwards (without referring to… Read more
Private deprivations of liberty, deputies, and the state
In Staffordshire County Council v SRK & Ors [2016] EWCOP 27, Charles J has grappled with the thorny question of… Read more
What to do, what to do – the procedural implications of Cheshire West
A cross-post here to my fellow author Sophy Miles’ excellent post on the Court of Protection Handbook site on the… Read more