R (Jalloh) v Secretary of State for the Home Department

Mental Capacity Law Cases

R (Jalloh) v Secretary of State for the Home Department


In R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4, the main issue was whether the meaning of ‘imprisonment’ at common law should be aligned with… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Hertfordshire CC v NK and AK


In this case, MacDonald J declined to make an order a DoL order in respect of a 16 year old, on the basis that he did not consider that the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

A London Borough v X, Y and Z


This was a wardship application brought by the local authority in respect of Z, a 17 year old boy who had a range of very complex health needs rendering him… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

LB Barnet v JDO & Ors


Summary This frankly astonishing case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty. It concerns a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Statutory wills Date

In the matter of D (A Child)


Summary The Supreme Court has held (by a majority) where a 16 or 17 year old lacks capacity to give their own consent to circumstances satisfying the ‘acid test’ in… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde


Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Other proceedings - Civil Date

A Health and Social Care Trust v X et al


Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances.  The case concerned… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations Date

Southend-on-Sea Borough Council v Meyers


Summary[1] This is the follow up to the permission decision of Baker LJ reported as Re BF, and represents the substantive hearing of the application before Hayden J for declarations… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Rooman v Belgium


Summary In an important case determined at the start of 2019, the Grand Chamber of the European Court of Human Rights undertook a review and clarification of its approach to… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

A Local Authority v BF


Summary This case was an application for permission to appeal from an interim judgment of Hayden J concerning the difficult question of the nature and reach of the inherent jurisdiction… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

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