Manchester City Council v Pinnock and EQHC [2010] UKSC 45: The court held that the ECtHR jurisprudence established that: any person at risk of being dispossessed of his home at a local authority's suit should in principle have the right to question the measure's proportionality under article 8 ECHR, even if his right of occupation […]
Secretary of State for Work and Pensions v Taous Lassal, Child Poverty Action Group (intervening) C-162/09, CJEU (Third Chamber) (K. Lenaerts, President of the Chamber, R. Silva de Lapuerta (Rapporteur), G. Arestis, J. Malenovský and T. von Danwitz): The European Court of Justice held that articles 16(1) and 16(4) of Directive 2004/38/EC must be interpreted […]
R (on the application of Monday) v Secretary of State for the Home Department [2010] QBD (Admin) (4 November 2010) (CMG Ockelton): The Court on allowing the application for judicial review held that the release from a mental hospital of a person, whom the Secretary of State for the Home Department wished to remove to […]
Re MIG (Incapacitated Adult) and MEG (Incapacitated Minor), Surrey County Council v CA[2010] EWHC 785 (Fam) (Parker J): MIG (aged 18) is placed with a foster family. MEG (aged 17) is in a small residential home. They have moderate to severe learning disabilities. They are under continuous supervision and control and both lack capacity to […]
Secretary of State for Work and Pensions v Taous Lassal, Child Poverty Action Group (intervening) C-162/09, CJEU (Third Chamber) (K. Lenaerts, President of the Chamber, R. Silva de Lapuerta (Rapporteur), G. Arestis, J. Malenovský and T. von Danwitz): The European Court of Justice held that articles 16(1) and 16(4) of Directive 2004/38/EC must be interpreted […]
R (on the application of L) v Westminister City Council (2010) QBD (Admin) Burnett J, extempore judgment, 15/11/2010: Judicial review related to a decision of the defendant local authority refusing to provide him with accommodation pursuant to the National Assistance Act 1948 s21(1)(a). L was a failed asylum seeker who suffered mental health problems and […]
Case Law R (on the application of JF) v Hackney London Borough Council (2010) QBD (Admin) (Calvert-Smith J) extempore 16/11/2010: The non-provision of a care plan by a local authority in respect of a child with severe Autism was unlawful. However, it was inappropriate for the court to order that a particular care plan be […]
The Ministry of Justice has published Memorandum to the Justice Select Committee: Post-Legislative Assessment of the Mental Capacity Act 2005. Click here to read the report. Re AVS v A NHS Trust [2010] EWHC 2746 (COP) (Sir Nicholas Wall): directions were given in a case where there was a dispute about whether the patient was […]
