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Ex turpi causa: Joyce in Court of Appeal

October 15 2013 The Court of Appeal upheld the ruling at first instance: the claimant who fell off the back of a van in the course of a getaway while trying to make…

Guidance on DOLs in children’s homes and residential special schools

March 5 2014 In an unusual step, Sir James Munby P and OFSTED have recently issued joint guidance as to deprivation of liberty in children's homes and residential…

Sweetman v. An Bord Pleanála, Case C-258/11, CJEU judgment 11 April 2013

June 18 2013 In this reference from the Irish Supreme Court, the CJEU has once again considered the integrity test under Article 6(3) of the Habitats Directive…

A trilogy of motor insurance cases

November 14 2012 Three recent decisions have explored the extent to which motor insurers will be held liable to satisfy judgments under the statutory provisions of the Road Traffic Act 1988.

The ‘forced C-section’ case – what actually happened

January 6 2014 The judgment in the 'forced C-section' case has now been published, and reveals what many suspected at the time of the media Storm that we touched on…

The LGO and capacity

July 1 2014 In Knowsley MBC (9 June 2014), the Local Government Ombudsman found the Council to be at fault for failing to have a support plan for a man with…

Short note: the pressures on the official solicitor

July 1 2014 On an appeal as to how the court should determine an application by parents for an injunction under the Human Rights Act 1998 to prevent a local…

Certificates of lawfulness of proposed works to listed buildings

July 1 2014 The Enterprise and Regulatory Reform Act 2013 has introduced a new section 26H into the Planning (Listed Buildings and Conservation Areas) Act 1990…

The CoP and post-mortem confidentiality

July 1 2014 This is the follow up to a decision of Peter Jackson J [2014] EWCOP 454 relating to the question of whether it was lawful to withhold blood…

Delay, insufficient scrutiny, and the unlawful deprivation of liberty

July 1 2014 Between July 2005 and January 2006, L.M., who suffered from a psychotic disorder, was admitted to closed and open wards in two psychiatric hospitals…