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Tag: Article 8

Case comments, Deprivation of liberty

Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides

Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting MacDonald J in Manchester … Read More ›

Posted on 30 January 202330 January 2023

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Recent Posts

2023-24 MCA birthday case review
11 October 2024
To mark the 17th birthday of the MCA 2005 coming into force on 1 October 2007, I have recorded a …Read More »
Disabled children’s social care law in England – the Law Commission consults
8 October 2024
The law on disabled children’s social care in England is currently governed by a patchwork of legislation, some of which …Read More »
Assisted dying – update, resources and event
4 October 2024
It was announced on 3 October that Kate Leadbetter MP will be putting forward a Private Member’s Bill in the …Read More »
AMHPs, MHA admission and changing cultures – in conversation with Colleen Simon and John Mitchell
3 October 2024
In this ‘in conversation’ with Colleen Simon and John Mitchell, we talk about a recently published discussion paper about the …Read More »
The Ombudsman, DoLS and triaging – asking the impossible?
28 September 2024
Old-fashioned novels sometimes have elaborate subtitles. I might slightly impertinently suggest that if such a novel was being written about …Read More »

Bailii capacity cases

Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024) 10 October 2024
VALIDITY FOUNDATION ON BEHALF OF T J v. HUNGARY - 31970/20 (Art 34 - Standing of non-governmental organisation to lodge application on behalf of a person with a severe intellectual disability who died in a State-run social care home : Preliminary objection dismissed : First Section) [2024] ECHR 796 (10 October 2024) 10 October 2024
SB v Department for Communities (Personal Independence Payment) [2024] NICom 27 (25 September 2024) 8 October 2024
Gallagher, R v [2024] NICA 63 (03 October 2024) 4 October 2024
CD, Re (Treatment: Haemodialysis) [2024] EWCOP 55 (T3) (02 October 2024) 3 October 2024

Bailii CRPD cases

Belaruskali v Council (Common foreign and security policy - Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine - Judgment) [2024] EUECJ T-528/22 (18 September 2024)0
From Court of Justice of the European Communities (including Court of First Instance Decisions)
PINDO MULLA v. SPAIN - 15541/20 (Right to respect for private and family life (Article 8-1 - Respect for private life) (Article 9 - Freedom of thought, conscience and religion;Article 9-1 - Freedom of religion) : Preliminary objection dismissed : Grand Chamber) [2024] ECHR 753 (17 September 2024)0
From European Court of Human Rights
HK v Department for Communities (UC) (UNIVERSAL CREDIT) [2024] NICom 15 (30 July 2024)0
From Northern Ireland - Social Security and Child Support Commissioners' Decisions
D.H. AND OTHERS v. SWEDEN - 34210/19 (Art 8 - Positive obligations - Family life - Refusal of family reunification request of refugee and her two children who failed to fulfil maintenance requirement and applied outside the three-month exemption period - Remainder inadmissible : First Section) [2024] ECHR 697 (25 July 2024)0
From European Court of Human Rights
DJERI AND OTHERS v. LATVIA - 50942/20 (Art 14 (+ Art 2 P1) - Discrimination - Right to education : Remainder inadmissible : Fifth Section) [2024] ECHR 671 (18 July 2024)0
From European Court of Human Rights

Bailii Mental Health Act cases

PRP, R. v [2024] EWCA Crim 1150 (04 October 2024)0
From England and Wales Court of Appeal (Criminal Division) Decisions
UI2023004566 [2024] UKAITUR UI2023004566 (26 September 2024)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
JR325 (A Minor), Application for Judicial Review [2024] NIKB 75 (26 September 2024)0
From High Court of Justice in Northern Ireland King's Bench Division Decisions
Welsh, R. v [2024] EWCA Crim 1149 (20 September 2024)0
From England and Wales Court of Appeal (Criminal Division) Decisions
AC v Southern Health NHS Foundation Trust & Anor [2024] UKUT 297 (AAC) (19 September 2024)0
From Upper Tribunal (Administrative Appeals Chamber)

Mental Health Law Online updates

Case (Inherent jurisdiction and Article 3). Re P (Vulnerable adult: Withdrawal of application) [2024] EWHC 1882 (Fam)
Case (Representation during DOL review period). Re PQ (Court authorised DOL: Representation during review period) [2024] EWCOP 41 (T3)
Case (Belief and capacity). Hemachandran v Thirumalesh [2024] EWCA Civ 896
Case (Discharge of RRO). University Hospitals Birmingham NHS Foundation Trust v Thirumalesh [2023] EWCOP 43
Consolidated version of HESC rules. Tribunal Procedure Committee, 'HESC Rules: consolidated version' (1/5/24)
Case (Extradition). Platt v High Court of the Republic of Ireland [2024] EWHC 1821 (Admin)
Case (Anorexia nervosa). Re Patricia [2023] EWCOP 70
Case (Capacity for contempt proceedings). Solicitors Regulation Authority v Khan [2024] EWCA Civ 531
Case (Deathbed gifts). Rahman v Hassan [2024] EWHC 2038 (Ch)
Event. Hill Dickinson: MCA and DOLS - the latest updates (online, 13/11/24)

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