JS Mill strikes back – Mostyn J takes on the Supreme Court

By: Juliet
On: Wednesday, 19 November, 2014

Mr Justice Mostyn is nothing if not brave. In a decision handed down on 18 November
2014: Rochdale MBC v KW [2014] EWCOP 45, he took on the Supreme Court in
Cheshire West and demanded that it ‘reconsider’ the application of Article 5
ECHR in the context of deprivation of liberty at home (if not indeed more
broadly).

Summary

The case concerned a 52-year-old woman, ‘Katherine’, cared
for in her own home. As a result of a
subarachnoid haemorrhage sustained during a medical operation many years
previously, she had cognitive and mental health problems, epilepsy and physical
disability. At the time that the matter
came before …read more

Source: Family Law News