Cases
US Environmental Protection Agency Ban on PCE and TCE
On December 9 2024, the US Environmental protection Agency announced a ban on the solvents trichloroethylene (TCE) and perchloroethylene (PCE) for consumer use. TCE and PCE have been widely used as solvents in industrial applications, cleaners, ...
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Duty of Care of Consultants to Future Occupiers of Land
There has been long running litigation in Scotland as regards “the Watling Street development” in Motherwell, where housing was built on land used as an iron and steel works from 1912-1939 and then during and after World War II by the Ministry of Sup...
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Challenge for Non-Identification of Contaminated Land
On 21 November 2024, Laing J granted permission for a judicial review of Havering Council’s decision not to designate an illegal landfill site at Launders Lane in Rainham as contaminated land in proceedings brought by Ruth Kettle-Frisby, a Havering r...
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ZX (Capacity to engage in sexual relations)
SummaryThis was a leapfrog appeal from a Tier 2 Judge to the Court of Appeal; a relatively recent innovation. It concerns the thorny issue of capacity to engage in sexual relations. At first instance HHJ Burrows had been confronted, t...
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Mental capacity - Sexual relations
R & Anor v A & Anor
SummaryThis is a very sad case involving surrogacy. It was an application for a parental order by Mr and Mrs R, with respect to a 6 month old boy – in other words an order providing for the boy to be treated as their child. The surrogate mother, Ms A...
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Family (public law)
R (Ibrahim) v Nursing and Midwifery Council
SummaryR (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of Liberty Safeguards are still not well understood. It concerned an appeal by a Registered Mental Health Nurse against the dec...
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Article 5 ECHR - DOLS authorisations
Aberdeenshire Council v SF (No 4) (Residence)
SummaryThis is the most recent in a long-running series of decisions concerning SF, a Scottish woman in her 40s with moderate intellectual disability, autism spectrum disorder, associated periods of severe anxiety, and a diagnosis of difficult to tre...
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Best interests - Residence
Re SB
SummaryAt the heart of this case was the ongoing crisis in supporting children with complex needs. Those issues are discussed in detail in chapter 14 of the Law Commission’s consultation paper on disabled children’s social care needs, and h...
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Mental capacity - Sexual relations
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Mental capacity - Medical treatment
Clipea & Grosu v Moldova
SummaryThis case concerned two individuals with intellectual disabilities who were periodically undergoing treatment at a psychiatric hospital, on what was said to be a voluntary basis. Their application concerned: (1) whether the conditions to ...
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Mental Health Act 1983 - Interface with MCA
NHS North Central London Integrated Care Board v Royal Hospital for Neuro-Disability & Anor
SummaryThis is the most recent in a sequence of decisions given by the Vice-President, Theis J, regarding best interests decision-making in the context of CANH. It concerned, again, delay in best interests decisions being made arising out of a lack o...
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Best interests - Medical treatment
ET v Moldova
SummaryThis decision is one with ramifications extending significantly beyond Moldova. It concerned the inability of the applicant, who had been declared totally incapacitated owing to her mental illness, to bring a court action aimed at restoring he...
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Mental Health Act 1983 - Interface with MCA