October 2008 update

The following materials were added during October 2008.

Case law

New cases

  • R (M) v Homerton University Hospital NHS Trust [2008] EWCA Civ 197The patient, whose s2 had been extended during s29 displacement proceedings, was detained under s3 following an interim displacement order but before any final determination. Detention under s2 and s3 could run concurrently in these circumstances and it was not arguable that the s3 detention was unlawful. No permission to apply for judicial review.§
  • MH v UK 11577/06 [2008] ECHR 181‎
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Old cases added

  • A Local Authority v E [2007] EWHC 2396 (Fam)Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.§
  • LLBC v TG [2007] EWHC 2640 (Fam) — Best interests/deprivation of liberty case.§
  • Re SK [2007] EWHC 3289 (Fam)Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.§
  • D'Souza v DPP [1992] UKHL 10Under s17(1)(d) PACE 1984 a constable may enter and search any premises for the purpose of recapturing a person who is unlawfully at large and whom he is pursuing: (1) a detained patient who absconds is "unlawfully at large"; (2) the pursuit must be almost contemporaneous with the entry into he premises.§

Legislation

Primary legislation

Secondary legislation - Tribunal

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Secondary legislation - Other

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Other Documents

Website articles and information