Wards of Court and the Inherent Jurisdiction / edited by Catherine Barnard, Adam Lazowski and Daniel Sarmiento.
George, Rob, author.
2024
INTERNET
Available Online

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E-resource Policy
Linked Resources
Bloomsbury Ebook
Author
George, Rob, author.
Title
Wards of Court and the Inherent Jurisdiction / edited by Catherine Barnard, Adam Lazowski and Daniel Sarmiento.
Published
London : Hart Publishing, 2024.
Distributed
London : Bloomsbury Publishing (UK), 2024.
Call Number
INTERNET
Edition
1st ed.
ISBN
9781509972173 (online)
9781509972159 (paperback)
9781509972166 (epub)
9781509972180 (hardback)
DOI
https://doi.org/10.5040/9781509972173
Description
1 online resource (296 pages)
Other Standard Identifiers
10.5040/9781509972173 doi
System Control No.
BP9781509972173BC
(BloomsburyEbooks_OCoLC)1463573426
Summary
This open access book explores the High Court's powers under its inherent jurisdiction and wardship in relation to children and incapacitous and vulnerable adults. The book introduces the inherent jurisdiction and investigates its place in the modern law. Part 1 provides a comprehensive history of the inherent jurisdiction, before giving a detailed account of the core principles and procedure applicable today, and comparing the approaches taken in Scotland, Ireland, Canada, Australia and New Zealand. Part 2 considers the court's use of its inherent jurisdiction in specific categories of case, including child abduction, medical decision-making about children, child protection, incapacitous and vulnerable adults. Despite its ancient roots, the inherent jurisdiction is relied on by High Court judges on a daily basis, in both everyday and cutting-edge cases. This book argues that the court's approach to some of these cases is justified, but that judges often make unnecessary and inappropriate use of the inherent jurisdiction. Through its critical examination of the modern use of wardship and the inherent jurisdiction, the book is essential reading for practitioners and researchers working in this field. The ebook editions of this book are available open access under a CC BY-NC 4.0 licence on bloomsburycollections.com.
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Unrestricted online access
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text file HTML
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Foreword, Rt Hon Lady Hale Part I: General Principles 1. Introduction 2. The History of the Court's Inherent Jurisdiction 3. Fundamental Principles of the Inherent Jurisdiction 4. Procedure in Children Cases 5. The Inherent Jurisdiction in Other Common Law States Part II: Specific Applications 6. The Court's Nationality-Based Jurisdiction Over Children 7. Child Abduction 8. Medical Decision-Making about Children 9. Child Protection 10. Secure Accommodation and Deprivation of Liberty of Children 11. Adoption and Surrogacy 12. Miscellaneous Uses of the Inherent Jurisdiction in Relation to Children 13. Adults without Mental Capacity 14. Vulnerable Adults with Mental Capacity 15. Conclusions

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