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Keyword “article 8”
Topic “Legal literacy”

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[OTHER] Case 6: AG v BMBC and SNH [2016] EWCOP 37

Link to BAILII: http://www.bailii.org/ew/cases/EWCOP/2016/37.html Summary: Court of Protection Hub Dates: Hearing date: 11 November 2015. Judgement date: 6 July 2016 Case synopsis: Covert medication – what protections are there for the person receiving it?  Case summar

[OTHER] Introduction: May 2017 themed issue – relationships

This issue concentrates on the messages for practice about supporting relationships that have emerged from court cases, mainly within the Court of Protection. This is not a complete review of relevant cases, but focuses on those that have led to clear and helpful guidance, includ

[OTHER] Case 2: A Local Authority v A (A Child) & Anor [2010] EWHC 978

Link to BAILII (British and Irish Legal Information Institute http://www.bailii.org/ew/cases/EWHC/Fam/2010/978.html Summary: Mental Health Law Date: 4 May 2010 Case synopsis Two similar cases were heard together; one involved a child (A) and the other an adult (C). They were

[OTHER] Case 5: Re MM (A Patient) [2017] EWCA Civ 34

Link to BAILII (British and Irish Legal Information Institute): www.bailii.org/ew/cases/EWCA/Civ/2017/34.html Summary: Family Law Week Summary: Garden Court Chambers Date (final hearing) 30 January 2017 Case synopsis: There had been persistent concerns, by relatives, frien

[OTHER] Case 6: Essex County Council v RF & Ors (Deprivation of Liberty and damage) [2015] EWCOP 1

Link to BAILII (British and Irish Legal Information institute) http://www.bailii.org/ew/cases/EWCOP/2015/1.html Summary: 39 Essex Chambers Date: 7 January 2015 Case synopsis A retired civil servant, aged 91, lived quietly with his cat in the home he had formerly shared with h

[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] Case 5: CH v A Metropolitan Council [2017] EWCOP 12 Sexual capacity within a marriage

Link to BAILII: http://www.bailii.org/ew/cases/EWCOP/2017/12.html  Summary: Court of Protection Hub Date: 28 July 2017 Case synopsis: This case concerned capacity to consent to sexual relations, but is unusual in that it relates to a married couple, where one party, CH, had b

[OTHER] News and Guidance: Report by the Local Government and Social Care Ombudsman (LGO): Investigation into a complaint against Nottinghamshire County Council (ref.no. 16 009 251) 27 July 2017

A recent report by the LGO finds a local authority at fault for breaching the Article 8 rights of both a care home resident, Mrs. J, and of her son-in-law, Mr. K, when he was barred from visiting. Many facts are contested, but at the heart of Mr. K’s complaint, which was upheld

[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

[OTHER] Suggested reforms to the wider Mental Capacity Act (MCA) 2005

Synopsis The intention here is to strengthen the rights of people who lack mental capacity in a situation where others are making decisions for or about them, or may contemplate doing so. There are also moves to ensure that the requirements of the Convention on the Rights of Per
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