The decision of the European Court of Human Rights in ET v Moldova [2024] ECHR 858 is one with ramifications… Read more
A Strasbourg shot across the bows for the MCA 2005
Category: Case comments
Coercion, control and powers of attorney – a dilemma for the court
Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
Cross-border protection and capacity
The Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3) is the sequel to a decision in 2020… Read more
Calibrating the definition of ill-treatment by reference to the victim: an important clarification from the Court of Appeal
Whorlton Hall hospital housed patients with longstanding learning disabilities and significant additional psychological and behavioural needs, who required specialist care…. Read more
Anticipatory declarations and supporting P in her wish to protect herself
Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision. It… Read more
The Grand Chamber of the European Court of Human Rights seeks to balance the right to life and the right to autonomy
The decision of the European Court of Human Rights in Pindo Mulla v Spain [2024] ECHR 753 is a very… Read more
Outsourcing and the Human Rights Act 1998 – the consequences
Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates… Read more
2023-2024 English DoLS statistics out
The DoLS statistics for England for the year 1 April 2023 to 31 March 2024 were published on 22 August… Read more
Article 5(4), community deprivation of liberty and jury-rigging a solution
Re PQ (Court Authorised Dol : Representation During Review Period) [2024] EWCOP 41 (T3), Poole J examined in some detail… Read more
Codes, case-law, restraint and children
An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam) is a case which throws two issues into stark… Read more