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15 September 2011
Issue: 7481 / Categories: Case law , Law reports , In Court
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Human rights—Right to liberty and security—Lawfulness of detention

R (on the application of Castle and others) v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin), [2011] All ER (D) 34 (Sep)

Queen’s Bench Division, Administrative Court (London), Pitchford LJ and Supperstone J, 8 Sept 2011

The Divisional Court has ruled that the Metropolitan Police’s containment of children during a public demonstration was not been in breach of the force’s duty under s 11 of the Children Act 2004 or any public law duties.

Martin Westgate QC and Ruth Brander (instructed by Bhatt Murphy) for the claimants.
Ivan Hare (instructed by the Metropolitan Police Service) for the defendant.

In November 2010, the defendant police commissioner received notification of a public procession and applications in respect of demonstrations contributing towards a “national student walk out” on 24 November (the event). The defendant’s senior police officers who were responsible for policing major events, were designated as gold, silver or bronze commander depending on their role. On 23 November, the silver commander who was to be in

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

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National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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