Mental health

North Yorkshire County Council and another v MAG and another [2016] EWCOP 5, [2016] All ER (D) 148 (Jan)

The Court of Protection allowed an appeal by a local authority against a decision by a trial judge refusing to authorise a patient’s deprivation of liberty in his home pursuant to s 16 of the Mental Capacity Act 2005. The court found that the judge had, in her zeal to have the patient accommodated more suitably, failed to apply the best interests test by which all substantive decisions of the court were governed. Had she applied that test she could have granted the authorisation.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS

Read All

NLJ this week: Burnout behind the billable hour

Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice

NLJ this week: Domestic abuse reforms still falling short

Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes

NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic

Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales

NLJ this week: Is it finally time to scrap Part III?

The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes

NLJ this week: Hereditary peers era finally comes to an end

The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber

Error message

Mental health

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Gilson Gray—Gregor Duthie & Stephen Forsyth