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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll