G v E & Ors (Rev 1)
Permission to appeal is granted on the grounds that there is a real prospect of success regarding the application of the Winterwerp conditions, the legality of the interim order, the alleged illegality of the placement at Z Road, and the Article 8 ECHR point. Permission is refused on the ground relating to procedural speed.
- Parties
- Appellant: G; Respondent: E & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 04 May 2010
- Procedural Posture
- Civil Appeal / Permission to Appeal (renewed Application)
- Outcome
- permission to appeal granted in part
- Legal Topics
- Deprivation of Liberty, Best Interests, Article 5 ECHR, Article 8 ECHR, Regulatory Compliance, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
G
Appellant
E & Ors
Respondent
Procedural Posture
Civil Appeal / Permission to Appeal (renewed Application)
Legal Issues
- 1 Whether the court may entertain an application under s.16 Mental Capacity Act 2005 that would deprive a person of liberty without satisfying the Winterwerp conditions
- 2 Whether the interim order by Ryder J was legally erroneous
- 3 Whether the placement at Z Road was illegal due to regulatory non-compliance
Ratio Decidendi
Permission to appeal is granted on the grounds that there is a real prospect of success regarding the application of the Winterwerp conditions, the legality of the interim order, the alleged illegality of the placement at Z Road, and the Article 8 ECHR point. Permission is refused on the ground relating to procedural speed.
Court Disposition
permission to appeal granted in part
Orders
- Permission to appeal granted on grounds 1, 2, 4, and 5.
- Permission to appeal refused on ground 3.
Full Case Text
Judgment text and source record
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