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10 July 2015 / Nicholas Dobson
Issue: 7660 / Categories: Features , Human rights
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An unusual path. . .

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Nicholas Dobson explains how Munby LJ’s streamlining bid was thwarted in the Court of Appeal

The decision of the Supreme Court of 19 March 2014 in Cheshire West ( Surrey County Council v P and others (Equality and Human Rights Commission and others intervening), Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19) was a major judgment both for local authorities and those subject to deprivation of liberty cases. For this dealt with the criteria for deciding whether living arrangements for those with mental incapacity are in fact a deprivation of liberty—even when the arrangements are as comfortable as circumstances permit.

If there is such a deprivation in law, then this must be authorised either by a court or by statutory safeguards in the Mental Capacity Act 2005. At the time Mark Palethorpe, Director of Strategic Commissioning at Cheshire West and Chester Council, commented that the decision would have “huge” consequences “for health and social care nationally—both financially and in terms of care processes”.

Lady Hale (who

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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