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Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

The LGO and capacity

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…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Short note: the pressures on the official solicitor

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…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Certificates of lawfulness of proposed works to listed buildings

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

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

The CoP and post-mortem confidentiality

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…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Delay, insufficient scrutiny, and the unlawful deprivation of liberty

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…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Mental Health (Scotland) Bill

In the Newsletter’s April 2014 issue comment was made about the draft Mental Health (Scotland) Bill (amending the Mental Health (Care and…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Short note: guardianship and deprivation of liberty in Northern Ireland

At first instance [2013] NIQB 77, Treacy J held that guardianship contained an implicit power to prevent the person leaving their residence. In our…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Costs, the CoP and the media

We have covered the previous episodes in this rather depressing story in earlier issues of our newsletter. In very summary form, the London Borough…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Short note: challenge to Exceptional Case Funding succeeds

In this judicial review, Collins J scrutinised the approach adopted by the Director of Legal Aid Casework to applications for Exceptional Case…
Article

Thirty Nine Essex Street | United Kingdom | 1 Jul 2014

Short note: contempt again

This is the third reported case in these proceedings. The first involved the imposition of a Hadkinson Order on B’s father and the second the…
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