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Case Law and Legal Summaries

Case Law summaries

Case Law and Legal Summaries: monthly overview and analysis of selected cases, highlighting implications and recommendations for practice.

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Case Law and Legal Summaries December 2018

There are five cases this month. Z v Kent County Council contains detailed guidance on what the ‘presumption’ of mental capacity does not require, the Care Quality Commission v Hillgreen Care concerns the prosecution of a care provider for failing to ensure that residents were protected from sexual assaults, SR v A Local Authority addresses restrictions on the contact between a woman with dementia and her husband who had expressed support for euthanasia, Secretary of State for Justice v MM concerned whether the First-tier Tribunal could authorise conditions for a conditional discharge for a mental health patient which amount to a deprivation of liberty, and Western Health and Social Care Trust v Secretary of State and London Borough of Enfield included a determination of ordinary residence.


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