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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.


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...

Inherent jurisdiction to authorise deprivation of liberty of adult with capacity

Megan Taylor
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In the recently reported case of A Local Authority v BF [2018] EWCA Civ 2962, the court ruled that in an emergency situation, someone may be deprived of their liberty in the absence of evidence of mental disorder without infringing their human rights. ...

A medical experiment or life saving treatment?

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In the recently reported case of University College London Hospitals v KG [2018] EWCOP 29, the court ruled that it was in the best interests of a person lacking capacity to receive a medical treatment that has never been tested on or administered to any...

Case highlights tragic handling of P's repatriation to Colombia

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The recent reported case of  London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 and [2018] EWCOP 20 highlights the tragic handling of a vulnerable adult’s repatriation to Colombia. The 55-year old Colombian woman, referred to as...

Case highlights importance of protecting the rights of individuals who lack capacity

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In the recent reported case of Z [2018] EWHC 1488 (Ch) the protected party is Z, a successful businessman who carried out business ventures with his brothers. The applicant is the son of one of Z’s brothers who is now deceased. In this procedural...

Challenge to disclosure and barring service filtering to be heard at the Supreme Court

Mike Pemberton
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The Supreme Court are due to hear the case of P and Others v Secretary of State for Justice following an appeal by the Secretary of State. The case involves a number of individuals who have been subject to criminal record disclosure and are left in a...

Court of Protection protects teenage boy from his own 'impulsivity'

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In the case of Buckinghamshire County Council and RT (by their guardian KT ) [2018] EWCOP 12, the Court of Protection has ruled that a 17 year old boy be deprived of his liberty at a specialist unit in order to protect him from his own ...

The Court of Appeal prevents the identification of a protected party at the centre of Court of Protection proceedings

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The Court of Appeal have upheld a ruling made by the Court of Protection refusing to allow journalists to identify a protected party at the centre of proceedings. The case concerned RW, a 77 year old man with a diagnosis of end stage dementia. RW is...

Was my arrest unlawful?

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At Stephensons, we pursue civil claims for compensation for unlawful arrest. It is probably the most common type of action that our actions against public bodies department pursue. The most common question we receive is, was my arrest unlawful? ...

Met Police under urgent review over 'forensics mishandling'

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The Directorate of Professional Standards (DPS) has today announced that the Metropolitan Police will be subject to an urgent review, following the alleged mishandling of 33 cases by the laboratory department. A statement from the Met said: "An...

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