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'This case revolves around the need to ensure that applications to authorise an individual’s deprivation of liberty are dealt with efficiently given the inevitable strain on resources, but that individuals’ rights are still safeguarded. Deprivation of liberty applications all concern vulnerable and incapacitated people. There is a real need to ensure that applications to limit a person’s freedom are given the correct amount of judicial attention, and that individuals have access to the court in order to put forward their views, have access to legal representation, and to object to their deprivation of liberty if necessary. The Supreme Court determined in Cheshire West that we should ‘err on the side of caution’ in approaching deprivation of liberty cases, and that it was important to protect and safeguard some of the most vulnerable people in society. Whilst our clients agree with many of the President’s proposals to streamline the process for authorising deprivation of liberty in cases where there is general agreement on the way forward, they do not agree that the individual themselves can be excluded from the process. We are pleased that we now have permission to appeal the judgment, and look forward to the appeal being heard. The Court of Appeal has expedited the listing of the appeal, and so we anticipate having a determination from the court by the end of February 2015.'
Streamlining: judicial authorisation of deprivation of liberty (£)
When the Supreme Court
handed down its judgment in
P v Cheshire West and
Re X and Others (No 2)  EWCOP 37 – Further guidance from the President in Deprivation of Liberty cases
On 16 October 2014 Sir James Munby,
President of the Family Division, handed down h...
New guide to the process of judicial deprivation of liberty authorisations
The new process for the judicial authorisation of deprivation of liberty in settings ...
JS Mill strikes back – Mostyn J takes on the Supreme Court
Mr Justice Mostyn is nothing if not brave. In a decision handed down on 18 November
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