Post-AGNI Cases: Case Tracker and AGNI Annexes

Since the Supreme Court handed down its judgment in A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, commonly known as AGNI, on 2 June 2026, the lower courts have given a growing number of judgments applying the new approach to deprivation of liberty set out in the judgment.

Whilst the vast majority of the cases decided applying AGNI are fact-specific, and do not set precedent (i.e. are not legally binding on other courts, or those outside the courts), it is useful to see how the courts are considering deprivation of liberty after AGNI as ‘worked examples.’   With very significant thanks to Neil Allen, we have created an AGNI case-tracker, which provides a quick reference guide to the cases, including the level of judge, the type of setting, whether the person is found to be deprived of their liberty or not, and judicial observations about the ‘objective’ and ‘subjective’ elements of the Article 5 test.  The case-tracker can be found here (make sure to refresh the page to make sure you are getting the most recent version).

For those who want more detail, we have also added an AGNI annex to our normal Mental Capacity Reports, which summarises and comments on the cases decided in the month prior to the report.  The annexes can be found at the bottom of this page.

For more on the Supreme Court decision itself, see here; Alex Ruck Keene maintains a resources page relating to the judgment here, and Neil Allen’s website also contains resources relating to the case here.