Supreme Court’s Long Awaited Judgment in Deprivation of Liberty Cases

After 5 months of anxious anticipation the Supreme Court has handed down judgment in the cases of P v Cheshire West and P & Q v Surrey County Council.  This judgment is a key moment in defining the rights of those who lack capacity.  A House of Lords Select Committee recently suggested that the Mental Capacity Act 2005 has suffered from a lack of awareness and understanding amongst those working with mentally incapacitated adults and possibly tens of thousands of individuals are being deprived of their liberty without the protection of the Deprivation of Liberty Safeguards (DOLS).

On the face of it the Supreme Court judgment has simplified the question of whether someone is deprived of their liberty.  Time will tell what the impact will be on practice on the ground but one thing that seems certain is that local authorities will see an increase in the number of DOLS cases.

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Qualifying nuptial agreements: A quick look at the current law and future developments

Traditionally in this country the use of nuptial agreements has been very limited on public policy grounds, both on the basis that agreements relating to a future and hypothetical separation were void because they offend the principle of the life long union of marriage, and secondly as such agreements could not remove the Court of its jurisdiction. Read more