header-logo header-logo

An unusual path. . .

10 July 2015 / Nicholas Dobson
Issue: 7660 / Categories: Features , Human rights
printer mail-detail
nlj_7660_dobson

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

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

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll