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11 September 2026
Issue: 8176 / Categories: Legal News , Court of Protection , Mental health
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NLJ this week: Safeguards under strain

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The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent

Writing in NLJ this week, Dr Laura Davidson, barrister at No5 Chambers, considers Re Attorney General for Northern Ireland’s Reference. The court held that continuous supervision and lack of freedom to leave do not automatically amount to detention; the purpose and effect of restrictions, relative normality and valid consent also matter. As Lady Hale once put it, ‘a gilded cage is still a cage’, but the new ruling asks more closely whether its occupant considers it one.

Davidson welcomes clarity that passive acquiescence is not valid consent, yet warns that vulnerable people may be least able to communicate dissent. Replacing a certain test with discretion may reduce DoLS safeguards and produce disputes over whether consent is genuine.

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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