On 12 February 2014 a petition for judicial review was submitted on behalf of DC to  the Court of Session in DC v Mericourt Limited and Others. The court immediately made interim orders for the liberation of the petitioner from the nursing home where he then resided and for suspension of the “welfare elements” of  a Power of Attorney which he had granted in 2011. DC featured in litigation last year when the Public Guardian, having received representations from the relevant social work authority, sought directions from a Sheriff as to whether she should register a notice of revocation by DC of the Power of Attorney. The Sheriff directed that she should not register it. An appeal by DC to the Sheriff Principal was unsuccessful. Further appeal to the Court of Session was competent but not taken, but the present petition seeks reduction of the decisions of the Sheriff and Sheriff Principal on the ground that they were ultra  vires. The petition, if  it proceeds, will thus test the balance between the wide powers to give directions under section 3(3) of the Adults with Incapacity (Scotland) Act 2000 and the mandatory registration provisions of that Act. If it proceeds, the petition will also test whether any Power of Attorney can authorise deprivation of liberty. The petition seeks declarator that DC was unlawfully detained in the nursing home, that he had been unlawfully deprived of his liberty contrary to article 5 of the European Convention on Human Rights, and that the local authority had breached his article 8 rights by not involving him sufficiently in decisions in relation to his care, and damages from the care home proprietors and from the local authority. The first hearing of the petition has been fixed for 30th April 2014.