30 October 2015
Rochdale Metropolitan Borough Council v KW (by her litigation friend) and others [2015] EWCA Civ 1054, [2015] All ER (D) 176 (Oct)
The parties had agreed by consent that an appeal against a judge’s decision that the respondent was not being deprived of her liberty should be allowed. The Court of Appeal made a consent order. The judge then reserved the matter to himself and delivered a new judgment, which stated that the Court of Appeal had acted ultra vires in making a consent order without a hearing. The Court of Appeal allowed the appeal on the substantive issue and held that the original court had not acted ultra vires.
