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01 December 2011
Issue: 7492 / Categories: Case law , Law digest , In Court
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Human rights

Cheshire West and Chester Council v P [2011] EWCA Civ 1257, [2011] All ER (D) 150 (Nov)

In determining whether the care plan for a vulnerable adult amounted to a deprivation of liberty contrary to Art 5 of the European Convention on Human Rights, the starting point was the “concrete situation”, taking account of a range of criteria such as the type, direction, effects and manner of implementation of the measure in question. The difference between deprivation of and restriction upon liberty was merely one of degree or intensity, not or nature or substance. Deprivation of liberty had to be distinguished from restraint.

Restraint by itself was not deprivation of liberty. Account had to be taken of the individual’s whole situation. The context was crucial. Mere lack of capacity to consent to living arrangements could not in itself create a deprivation of liberty. In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both to the objective “reason” why someone was placed and treated as they were and also to the objective “purpose”, or “aim”, of the placement. Subjective motives

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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