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Court authorised Deprivations of Liberty (DoL) in a post-Cheshire West world

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Date:11 AUG 2014
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Jess Flanagan
Associate Solicitor
A change of landscape and the need for a new process

On 7 August 2014 Sir James Munby President of the Court of Protection handed down his judgment in respect of the practical and procedural implications following the Supreme Court judgment in  Surrey County Council v P and others (Equality and Human Rights Commission and others intervening) Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19  [2014] COPLR 313.

In his introduction to  Re X and Others (Deprivation of Liberty) [2014] EWCOP 25  he is unequivocal that he is dealing only with the practical aspects arising from the judgment and not offering any legal analysis of the Supreme Court’s decision which turned on its head his definition of what constitutes a deprivation of liberty set out in his leading judgment in the Court of Appeal in the same case.

Lady Hale gave leading judgment in the Supreme Court and provided us with an...

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