You are here

A year in the life

Victoria Butler-Cole and Josephine Norris consider five key judgments of the Court of Protection in 2011

24 January 2012

The Court of Protection has generated a steady stream of case law dealing with the many and varied elements of the Mental Capacity Act 2005. Here we look back over the past year and highlight five of the most interesting cases decided in 2011.


Blurred boundaries


The first three cases concern deprivation of liberty. The MCA contains detailed provisions concerning the circumstances in which it may be lawful to deprive an incapacitated person of his or her liberty for the purposes of article 5 ECHR. Schedule A1 of the Act sets out a self-contained scheme for the authorisation of deprivations of liberty by local authorities and primary care trusts. The Court of Protection is able to review authorisations granted by statutory bodies and will determine the lawfulness of deprivations of liberty that occur outside of hospitals and care homes. Perhaps the most difficult aspect of this part of the statute is understanding what amou...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.