Latest Updates
Court of Protection, Mental health | Tuesday 7 February 2017
When gaps don’t breach Convention rights
R (OK) v FTT [2017] UKUT 22 (AAC), MHLO 3, 12 January 2017 Application signed by solicitor on behalf of patient lacking capacity is struck out.
Court of Protection | Tuesday 7 February 2017
A person who died in an intensive care unit, who had lacked capacity to consent to their treatment there, was not in “state detention” at the time of their death
Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, Arden and McFarlane LJJ and Cranston J, 26 January 2017 Maria Ferreira (Maria), who had Down’s syndrome and learning difficulties, died in an intensive c
Court of Protection | Tuesday 7 February 2017
Court of Protection Committal: Court of Appeal allows appeal against committal to prison
Devon County Council v Teresa Kirk [2016] EWCA Civ 1221, Sir James Munby P, Black , McFarlane LJJ, 5 December 2016
Children | Tuesday 7 February 2017
Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’)
Interim Statutory Guidance published on Independent Child Trafficking Advocates (‘ICTA’) The statutory guidance is published pursuant to s.49 of the Modern Slavery Act 2015 and is effective from January 2017. It provides guidance to the three Early Ado
Welfare benefits | Tuesday 7 February 2017
Guidance on whether a self-employed EEA national who gives birth continues in self-employment: Can the self-employed rely on Saint Prix C-507/12?
Revenue and Customs v HD and GP (CHB) (Benefits for children - other) [2017] UKUT 11 (AAC) (Judge Ward), 12 January 2017 The Upper Tribunal considers two test cases examining whether EU national women who were engaged in self-employed activity until so
Welfare benefits | Monday 6 February 2017
The EU coordination rules: Aggregation and the Past Presence Test for Attendance Allowance and Disability Living Allowance
Secretary of State for Work and Pensions v MM (AA) EC and (EC) 883/2004) [2016] UKUT 547 (AAC) (Judge Jacobs), 12 December 2016)
Welfare benefits | Friday 3 February 2017
Right to Reside: Proportionality arguments following the Supreme Court decision in Mirga
Secretary of State for Work and Pensions v PS-B (IS) (Residence and presence conditions : right to reside) [2016] UKUT 511 (AAC) (Judge Jacobs), 12 December 2016
Welfare benefits | Friday 3 February 2017
Whether a lack of evidence of a sexual relationship is determinative when assessing if two people live together as husband and wife
DK v The Secretary of State for Work and Pensions [2016] ScotCS CSIH_84, 8 November 2016
