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22 May 2014 / Ian Wise KC
Issue: 7607 / Categories: Opinion
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A gilded cage is still a cage

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Ian Wise QC & Martha Spurrier defend the Supreme Court's judgment in Cheshire West

The judgment of the Supreme Court in Cheshire West [2014] UKSC 19, [2014] All ER (D) 185 (Mar) is a resounding vindication of the human rights of disabled people.

The key outcome of the judgment is that the question of whether a disabled person who lacks capacity to consent to a placement by a public body is deprived of their liberty in their particular living arrangements is an objective one, to be answered by reference to whether they are free to leave and how closely their movement and social interaction is controlled. This means that a deprivation of liberty for a non-disabled person, is also a deprivation of liberty for a disabled person. There can be no doubt that this approach will have—and is already having—profound implications. But it is vital that the implications are not used to defeat the principle: the Supreme Court judgment is a victory for disabled people’s rights. Scarce resources or executive

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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