Permission to appeal was granted, by the Master of the Rolls and Munby L.J. on 4 May 2010 in the case of G v E & Others  EWHC 621 (Fam) in which the Appellant, G, was represented by Kerry Bretherton. The appeal was brought against the decision of Baker J sitting in the Court of Protection. The issues to be determined in the substantive expedited appeal are: (1) whether the threshold before which a person cannot be deprived of their liberty established in Strasbourg cases applies in relation to the Mental Capacity Act 2005 (2) whether placing a person in a home which is not registered in breach of the Care Standards Act 2000 renders detention unlawful (3) the application of Article 8 to cases of adults without capacity and (4) whether an interim order made without hearing submissions or considering evidence can render detention lawful.
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