Cheshire West: the Supreme Court’s right hook

Introduction

After a wait that - if one was being impertinent - might seem doubtfully compliant with the requirement of speed in Art 5(4) ECHR the Supreme Court has now handed down its judgment in the conjoined cases of Cheshire West and P and Q ([2014] UKSC 19 [2014] COPLR (forthcoming)). The appeals were allowed unanimously in the case of Mr P and by a majority of 4 to 3 in the cases of P and Q (or MIG and MEG).

The lead judgment was given by Lady Hale with whom Lord Sumption agreed.  Lords Neuberger and Kerr expressly agreed with Lady Hale in their separate concurring judgments.  Lords Carnwath and Hodge gave a joint dissenting judgment in the cases of P and Q; they were however satisfied that Baker J had directed himself as to the correct legal principles...

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