Supreme Court, 19th March 2014
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’
Halsbury’s Law Exchange, 17th March 2014
Source: www.halsburyslawexchange.co.uk
‘The Independent Police Complaints Commission (IPCC) is to overhaul the way it investigates deaths at the hands of police in England and Wales.’
BBC News, 17th March 2014
Source: www.bbc.co.uk
Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18; [2014] WLR (D) 122
‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’
The Guardian, 13th March 2014
Source: www.guardian.co.uk
‘A boy who was fed nine litres of goat’s milk a day for six months will not be allowed to live with his mother, a senior family court judge has ruled.’
The Independent, 6th March 2014
Source: www.independent.co.uk
‘A man accused of arranging the murder of his wife on their honeymoon has lost his latest appeal against extradition.’
BBC News, 3rd March 2014
Source: www.bbc.co.uk
‘Rape of vulnerable women, especially those with learning difficulties, has effectively been “decriminalised”, according to a research academic employed by the country’s largest police force.’
The Independent, 28th February 2014
Source: www.independent.co.uk
‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’
Panopticon, 26th February 2014
Source: www.panopticonblog.com
‘An 89-year-old woman who suffers from dementia and says she is “miserable” in a care home has won the first stage in a court fight to live in her own home. A Court of Protection judge has ruled Manuela Sykes can return to her flat where she has lived for 60 years on a one-month trial basis.’
BBC News, 25th February 2014
Source: www.bbc.co.uk
‘A prolific burglar has been convicted of murdering a grandfather whom he stabbed to death in his London home.’
BBC News, 25th February 2014
Source: www.bbc.co.uk
‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’
UK Human Rights Blog, 23rd February 2014
Source: www.ukhumanrightsblog.com
‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’
UK Human Rights Blog, 18th February 2014
Source: www.ukhumanrightsblog.com
R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ; [2014] WLR (D) 44
‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’
Family Law Week, 5th February 2014
Source: www.familylawweek.co.uk
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