Jivan v Romania (application no. 62250/19)

Jivan v Romania (application no. 62250/19)

Summary The European Court of Human Rights (“ECtHR”) considered an alleged violation of (inter alia) Article 8 in the context of an elderly, disabled man who had become bedridden. The… Read more »

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PH and RH v Brighton and Hove City Council & Oths

Summary On 23 November 2021, Senior Judge Hilder gave judgment on an application made by the BBC and Sky to disapply the reporting restrictions in proceedings relating to Tony Hickmott… Read more »

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Cornwall Council v NP and BKP

Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

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Evers v Germany

Summary This case concerned the application of Articles 8 and 6 in the context of a private (sexual) relationship between a man (the applicant) and the adult daughter of his… Read more »

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BP v Surrey County Council & Anor

Summary In this case, Hayden J had to grapple with the impact of COVID-19 in the care home setting.  The urgent application arose in the context of an existing s.21A… Read more »

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CH v A Metropolitan Council

Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

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Djaba v West London MH Trust and others

Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

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Mrs P v Rochdale Borough Council & Others

Summary Mrs P’s deprivation of liberty was authorised in a nursing home. By the time of the final hearing in the MCA section 21A proceedings, place of residence was not… Read more »

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Birmingham City Council v D and W

Summary[1] This is the sequel to Trust A v X and A Local Authority [2015] EWHC 922 (Fam), summarised here. In the first instalment, a 15-year-old boy – who had… Read more »

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KC v Poland

Summary KC was 72, widowed, and under the apparent care of a social guardian, having previously been declared to be partially incapacitated. Following an application by social services to place… Read more »

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