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, ... Read more  

Causation

In another claim involving the Watling Street development at Motherwell, dating back to 2013, 36 individuals brought actions against Lanarkshire Housing Association Ltd alleging personal injury due to contaminants in the soil of the development: ... Read more  

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... Read more  

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... Read more  

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... Read more  
 
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... Read more  
 
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... Read more  
 
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... Read more  
 
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... Read more  
 
Mental capacity - Sexual relations , 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 ... Read more  
 
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... Read more  
 
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... Read more  
 
Mental Health Act 1983 - Interface with MCA