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[OTHER] Safeguards for the person’s Article 5 rights

See report chapter 12 and recommendations 29, 30, 31, 32, 33, 34 and 35. Synopsis This section will cover the four key safeguards that must be delivered when a responsible body has authorised arrangements under the Liberty Protection Safeguards for a person. These are: revie

[OTHER] Case 1: RD & Ors (Duties and Powers of Relevant Person's Representatives and Section 39D IMCAS) (Rev 1) [2016] EWCOP 49

Link to Bailii (British and Irish Legal Information Institute): http://www.bailii.org/ew/cases/EWCOP/2016/49.htm Summary: 39 Essex Chambers Mental Capacity Law Newsletter December 2016 Summary: The Incorporated Council of Law Reporting Date: Hearing date: 4 August 2016 Case

[OTHER] Case 2: Briggs v Briggs & Ors [2016] EWCOP 48

Link to BAILII (British and Irish Legal Information Institute): http://www.bailii.org/ew/cases/EWCOP/2016/48.html  Summary:  The Incorporated Council of Law Reporting Date: Hearing date: 24 November 2016 Case synopsis: This case is about legal aid in the context of DoLS. I

[OTHER] Case 5: Secretary of State for Justice v (Staffordshire County Council & Anor [2016] EWCA Civ 1317

Link to Bailii (British and Irish Legal Information Institute): http://www.bailii.org/ew/cases/EWCA/Civ/2016/1317.html Date: Hearing date: 22 December 2016 Summary:  Local Government Lawyer Case synopsis: This heartening case explores the nature of ‘state involvement’ in

[OTHER] Case 2: RB v United Kingdom Application no. 6406/15 (European Court of Human rights (First Section)

https://hudoc.echr.coe.int/eng#{"itemid":["001-177719"]} Date: 12 September 2017 Summary In this case, the European Court of Human Rights (ECtHR) refused permission to bring an appeal against a deprivation of liberty safeguards (DoLS) authorisation. The reason given was that D

[OTHER] Case 5: Re CA (Natural Delivery or Caesarean Section) [2016] EWCOP 51 (08 December 2016)

Link to BAILII (British and Irish Law Information Institute http://www.bailii.org/ew/cases/EWCOP/2016/51.html Summary:  Family Law Week Summary: 39 Essex Chambers Synopsis: CA is a young woman of 24, due to give birth shortly. She has been diagnosed as having a learning dis

[OTHER] News and guidance: Restrictions in intensive care settings – and elsewhere

As expected, the Ferreira case (discussed in the February 2017 issue) has been appealed in the Supreme Court. This was because this judgment appeared to fly in the face of the Cheshire West Supreme Court judgment, particularly in its apparent limitation of the universality of hum

[OTHER] Introduction: September 2017

In Case 1 and Case 2 of this month’s edition of Case Law and Legal Summaries, we feature the Court of Appeal judgments in two cases we’ve previously reviewed. Case 1 is an appeal against a decision about legal aid in the case of Raymond Briggs which we reported on here, a ma

[OTHER] Case 1: Director of Legal Aid Casework & Others v Briggs [2017] EWCA Civ 1169

Link to BAILII (the British and Irish Legal Information Institute):  http://www.bailii.org/ew/cases/EWCA/Civ/2017/1169.htm  l  Summary: Court of Protection Handbook Date: 31 July 2017 Case synopsis This Appeal Court case follows previous legal decisions, both that it was

[OTHER] 2017

Case Law and Legal Summaries December 2017 This month’s cases consider the following cases: Case 1 - the High Court decided that it is lawful to stop giving clinically assisted nutrition and hydration provided there is complete agreement among professionals and relatives th
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