Many of the hypothetical arguments and postulated facts raised at the hearing concerned not the issue of consent on which the Attorney General sought guidance, but the wider issue of whether Cheshire West was correctly decided viz. the “acid test”. That question was raised late in the day by the Secretary of State for Health and Social Care who does not have standing to refer cases directly to the Supreme Court himself…
Category Archives: Deprivation of Liberty
When open justice undermines public confidence: Scrutinising the Supreme Court
Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men
Promoting Open Justice in the Court of Protection 