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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
