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G v E, A Local Authority and F

Author / Contributor: Kris Gledhill
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G v E, A Local Authority and F
   
Issue: Whether the Mental Capacity Act 2005 was compatible with Art 5 ECHR only if the judge considered whether the criteria for detention were made out as a threshold question before considering best interests; whether an interim declaration under the Act meant further detention was not unlawful; the propriety of a best interests finding.
   
Court: Court of Appeal
   
Reference:   C3/2010/0814
   
Neutral Citation:   [2010] EWCA Civ 822
   
Judge(s): Sir Nicholas Wall P, Thorpe LJ, Hedley J
   
Date: 16 July 2010