Tags » Deprivation Of Liberty

Have we just given up on the notion of the Supreme Court being supreme?

After yesterday’s CM v Blackburn in which the Court of Appeal sidle up to the notion that the Supreme Court weren’t formulating new law in Re B, we now have the High Court in the form of Mostyn J just outright quibbling with their decision in Cheshire West. 1,694 more words

Case Law

The Re X process goes live

The much-anticipated new procedure for the judicial authorisation of deprivation of liberty in settings outside hospitals and care homes comes into force on 17 November.  The procedure implements the judgments of Sir James Munby P in… 89 more words

Case Management

Lady Hale on DoLs and the Mental Capacity Act

Lady Hale gave a highly interesting speech to the Mental Health Tribunal Members’ Association on 17 October 2014 covering in great detail the history of Deprivation of Liberty Safeguards and the Mental Capacity Act.  15 more words

Deprivation Of Liberty

Re X (2): further amplification of judicial deprivation of liberty process

 On 16th October 2014 Sir James Munby P handed down his second judgment in Re X and others (Deprivation of Liberty) EWCOP 37.  In this he expanded on the preliminary… 1,476 more words

Case Comments

Deprivation of Liberty Safeguards – Costs Incurred by the Deputy

As a Law Costs Draftsman, Deprivation of Liberty Safeguards (DOLS) was something I hadn’t come across, and was unfamiliar with until more recently.

In order to simplify matters, DOLS are needed, as everyone has the right to liberty and security, and no freeman should be imprisoned. 245 more words

Cheshire West fallout

There’s an excellent piece of investigative work by Community Care about the escalation in the number of Deprivation of Liberty cases since the Supreme Court made a substantial change to the law in Cheshire West. 784 more words

Court Of Protection