Discussion Paper: Deprivation of Liberty, Cheshire West and the CRPD

Posts Tagged by: Mental Capacity Article

Discussion Paper: Deprivation of Liberty, Cheshire West and the CRPD


This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: a. the… Read more »

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Mental Capacity Report: Special Report: Law Commission MCD Project


In this special report, we provide full coverage of the recently published Law Commission Report on proposed amendments to the Mental Capacity Act. We include a detailed summary of the… Read more »

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More presumptions please? Wishes, feelings and best interests decision-making


This article first appeared in 3 Elder Law Journal (293-301, 2015) published by Jordan Publishing. All rights reserved. (c) Jordan Publishing, Alex Ruck Keene. To read the full article, please click… Read more »

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Judicial authorisations of deprivation of liberty – updated guidance


The guidance note previously prepared by the Mental Capacity Newsletters has now been updated to take account of this week’s decision of the Court of Appeal in Re X, and… Read more »

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Re X decision out now – the Court of Appeal and deprivation of liberty


The Court of Appeal has confirmed that both domestic law and the requirements of Article 5 currently mandate that P is joined to proceedings for judicial authorisation of the deprivation… Read more »

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Court of Protection Issues


This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty… Read more »

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The MCA in the Supreme Court


This article first appeared in the Elder Law Journal (Issue 1, March 2014) published by Jordan Publishing. All rights reserved. (c) Jordan Publishing, Vikram Sachdeva, Alex Ruck Keene and Victoria… Read more »

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