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Human Rights Law Blog

Our human rights law and civil liberties team regularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 0175 321 6399.

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Mental capacity and the ability to make decisions about the termination of a pregnancy

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In the recent landmark Court of Protection case of AB (termination of pregnancy), Re [2019] EWCA Civ 1215, the Court of Appeal had to decide whether it would be in the best interests of AB, a learning disabled woman, to provide the consent necessary in...

Mental capacity and the use of the internet and social media

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In the recent Court of Protection case of Re: A [2019] 3WLR 59, Cobb J outlines the relevant and irrelevant information for the purposes of deciding whether a person has capacity to make decisions about internet and social media use. The...

Mental capacity and the management of diabetes - a macro or micro decision?

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In the recent Court of Protection case of Royal Borough of Greenwich v CDM [2019] EWCOP 32, the court had to decide whether the assessment of capacity to make decisions about diabetic management should be one global macro-decision, embodying all of the...

Communication technology can enable a person's wishes and feelings to be sought in the absence of speech

Jamie Gordon
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A remarkable case heard by Lord Justice Hayden sitting at the Court of Protection in London has highlighted the importance of going the extra mile to establish a person’s wishes and feelings, even in circumstances where a person may not be able to...

Special guardianship payments

Jessica Saunders
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Our actions against public bodies team recently managed to secure a substantial sum from a local authority for payments owed to a special guardian. The special guardian was owed payments dating back a number of years. Under Special Guardianship Order...

False imprisonment - necessity to arrest and the voluntary interview

Jessica Saunders
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Our actions against police team has successfully secured payments for clients who have been arrested shortly before attending a voluntary interview with the police. Such arrests can be unlawful on the basis that it is not necessary to arrest somebody...

Primary school admissions 2019 - national offer day is approaching...

Mike Pemberton
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Tuesday 16th April is this year’s national offer day for primary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred infant school. It may be a day of...

Secondary admissions national offer day is approaching

Mike Pemberton
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Friday 1st March is this year’s national offer day for secondary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred secondary school. It may bring...

Judge rules that it is in P's best interests to receive medical treatment despite submissions from an NHS trust

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The case of University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39 concerns an application made by the trust to rule out further treatment if a patient’s condition were to deteriorate. The protected party in this case is “P”, a...

Obtaining evidence of mental capacity in Court of Protection proceedings

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The Court of Protection is able to make decisions on behalf of a person who lacks capacity and so, one of the first things the court must consider in proceedings is whether or not the person in question has capacity or not. At the point of the case...

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