Sentences with phrase «deprivation of»

However, the Court found that it was not plain and obvious that the patients could not establish the requisite elements of unjust enrichment — benefit to the government in the form of its being relieved of expenses it was required to incur under various statutes; deprivation of the plaintiffs; and absence of juristic reason for the deprivation.

Holly regularly advises and acts in cases concerning the range of community care issues, including needs assessment and provision, capacity issues and Court of Protection applications, deprivation of liberty, deputy appointments, etc..

Only very select activities have allowed deprivation of liberty without warrant.

He has acted in matters ranging from deputyship applications to best interests proceedings concerning welfare decisions and the Deprivation of Liberty Safeguards.

There should be no arbitrary deprivation of life or liberty, or arbitrary spoilation of property.

Asphyxia birth injuries, which are caused by a deprivation of oxygen to a fetus or newborn, are the most common type of birth injury and include cerebral palsy and HIE (hypoxic ischemic encephalopathy), both of which can result in lifelong damages.

Any deprivation of liberty constitutes an arrest.

Police officers may also engage in unlawful arrests and detentions - causing embarrassment, deprivation of personal liberty, and sometimes impacting on your employment.

But I see no reason why English law should refrain from scrutinising their conduct in the course of adjudicating upon claims against other parties involved who enjoy no such immunity here, where the alleged conduct involves almost indefinite detention, combined with deprivation of any form of access to justice and, for good measure, torture or persistent ill - treatment of an individual»

In other states, the maximum level of compensation is set as low as $ 25,000, an amount that pales in comparison to undeservedly enduring years of prison and the deprivation of freedom that comes with it.

It was agreed that P's care at the residential unit, objectively, amounted to a deprivation of his liberty.

A key consideration for practitioners is whether or not the proposed treatment will amount to a deprivation of the child or young person's liberty.

In addition, Russell has expertise in professional and clinical negligence and injury claims and acts for local authorities and healthcare trusts in consent and treatment cases including «best interests» applications, deprivation of liberty applications and under the Court's inherent jurisdiction.

It means that, notwithstanding that a young person has capacity under the MCA 2005 or a child is Gilick competent, and is refusing the treatment / admission / deprivation of liberty; whilst the Court of Protection would have no jurisdiction, a Judge sitting in the inherent jurisdiction of the High Court, could overrule the young person's / child's refusal.

In the absence of such a declaration, T's continued placement at X unit would be unlawful and in breach of article 5 ECHR and due to the need for the restrictions and those being in T's best interests, the deprivation of liberty was authorised under the inherent jurisdiction.

If there is an objective deprivation of liberty, consideration needs to be given as to whether consent for such a deprivation of liberty can be provided, and if so, by whom.

[10] Re D (A Child: Deprivation of Liberty)(2015) EWHC 922 (Fam); Birmingham City Council v D and W [2016] EWCOP 8; In the matter of D (A Child)[2017] EWCA Civ 1695 (Court of Appeal)

One of the questions raised was whether if a care order was made, do the arrangements for T's care within the residential unit amount to a deprivation of his liberty and, if so, is a declaration authorising the local authority to deprive him of his liberty required.

In a recent decision, the Court of Appeal has concluded that if a young person lacks Gillick competence, it is possible that consent for a deprivation of liberty would fall within the scope of parental responsibility.

If consent for the deprivation of liberty can not be provided, the deprivation of liberty should be regularised in accordance with the requirements of Article 5.

With young persons, practitioners should not rely upon consent from a person with parental responsibility to override a refusal from a capacitated (or Gillick competent when considering deprivation of liberty) young person.

To be a «deprivation of liberty» within the ambit of Article 5 (1), triggering the responsibilities and obligations of Article 5 (2)- (4), three elements must be satisfied:

Practitioners should note, however, that in relation to capacity to consent to a deprivation of liberty, in a recent Court of Appeal judgment, [3] the Judges relied upon the test of Gillick competence for Young Persons (as opposed to the MCA 2005 test).

Case law has confirmed that a Local Authority with parental responsibility for a child / young person (under a care order) can not consent to arrangements that would otherwise amount to a deprivation of liberty.

No party argued that the local authority could give consent to T's deprivation of liberty at the Unit and there was no dispute between the parties that, in the event that the care plan was approved and the care order was made, a declaration authorising the deprivation of T's liberty would be required.

Yogi Amin, partner and national head of public law at Irwin Mitchell, then spoke about recent developments in health and social care law, including the Care Act, deprivation of liberty cases in the Court of Protection and end of life cases.

A variety of birth injuries to a child's brain may result from a deprivation of oxygen, either during the mother's pregnancy or the labor and delivery stages of childbirth, or from trauma to a child's head during labor or delivery.

Natural persons convicted of this offense shall also incur the penalties of prohibition of management and partial deprivation of civil rights provided for in the French criminal code.

I advise on capacity, best interests and deprivation of liberty cases, serious medical treatment cases, applications to the Court of Protection and the Inherent Jurisdiction of the High Court, legal frameworks for packages of care for service users whose behaviour challenges and children transitioning into adult services.

Thus, any deprivation of a preliminary inquiry does not violate any principles of fundamental justice.

Though considered to be responsible for a small percentage of CP cases, brain damage caused by a deprivation of oxygen during labor and delivery may also lead to an infant's CP.

This post concerns the extent of any obligations imposed on the UK to investigate violations of non-refoulement (under Article 3, ECHR) and arbitrary deprivation of liberty (Article 5, ECHR).

The court found that there was no juristic reason for the enrichment of the grandchildren, and the corresponding deprivation of the grandmother had been shown, thus making a claim for constructive trust.

The Massachusetts Supreme Court reversed the conviction on the ground that the deprivation of the defense that the child's injuries were not the result of shaken baby syndrome, but rather were the result of a series of short falls, constituted a substantial risk of a miscarriage of justice.

Deprivation of the benefits of married life after an accident or injury — affection, solace, comfort, companionship, society, help and assistance, and sexual relations between spouses.

In a nursing facility, physical abuse includes assault, battery, unreasonable physical constraint or prolonged deprivation of food or water, sexual assault and rape.

The recent changes in law mean that many situations which were not previously deemed to be a deprivation of liberty now are and require legal regularisation.

The Rain court declined jurisdiction because there were other avenues of resolution and there was no deprivation of liberty.

This work included dealing with the impact of the lowering of the Deprivation of Liberty threshold in supported living accommodation cases.

Conversely, the Voisey court took jurisdiction and held that Mr. Voisey's transfer from a minimum to a medium security facility did constitute a deprivation of liberty.

We led a case involving the application of Deprivation of Liberty acid test in the community for a patient and the interface between safeguarding, Mental Health Act and the Court of Protection.

This case is important because it provides detailed guidance to RPRs and s. 39D IMCAs to assist them in deciding whether or not they should bring an application to the Court of Protection to challenge P's deprivation of liberty.

The law and CQC say you MUST act to ensure that all people who meet the criteria must have their deprivation of liberty properly authorised.

This experience and expertise means that our lawyers can identify circumstances where there is a deprivation of liberty and work with you to ensure that the legal and practical issues are dealt with efficiently and cost - effectively.

Notable cases in which Pierre was involved included an appeal against deprivation of citizenship on national security grounds following remittal to SIAC by the Supreme Court in the case of Pham («B2»); an appeal concerning registration under the statelessness provisions of the British Nationality Act 1981 in the case of MK (India); three out of hours applications for injunctions successfully preventing same - day removal and numerous challenges to Home Office policy and the Immigration Rules.

I also speak at conferences and seminars on issues pertaining to the Care Act 2014, and safeguarding vulnerable people and deprivation of liberty.

Firstly, in Wood v Canada (Atlantic Institution), 2014 NBQB 135 (Wood) the court held that there was no deprivation of liberty but that the inmate did raise legitimate grounds for his complaint, and costs were $ 750.

Any deprivation of oxygen, or birth asphyxia, to a child's brain during childbirth can result in an infant's mild to severe birth injury or death.

Criticism of the Deprivation of Liberty Safeguards (DOLS)-- which sets out a procedural framework to allow care homes and hospitals to detain people who lack capacity — has also intensified.

Their lordships agreed that the definition of deprivation of liberty was a «grey zone»» and, fol lowing the European Court of Human Rights in Guzzardi v Italy (Application 7367/76)(1980) 3 EHRR 533, a question of «degree or intensity and not one of nature or substance».