Wards of Court and the Inherent Jurisdiction
Published on 14. November 2024
Book
Hardback
296 pages
978-1-5099-7214-2 (ISBN)
Description
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.
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.
Reviews / Votes
Ancient in origin and uncertain in scope, wardship and the inherent jurisdiction is a curiosity of English family law. How the jurisdiction survived and is currently applied (both in relation to children and vulnerable adults) is the subject of this meticulously researched treatise by one of the nation's leading family law scholars. Rob George's book is clearly destined to be go-to work for anyone seeking to understand, invoke or to oppose the application of the inherent jurisdiction. * Nigel Lowe KC (Hon), Emeritus Professor of Law, Cardiff University * There is a huge amount packed into the nearly 300 pages of the book, which benefits hugely from the author's portfolio career as both a practising barrister and a Professor of Law and Policy at University College London [...] Each of these chapters merits careful reading by those who are asked both to argue and to determine cases falling with their scope [...] This is indeed, as Baroness Hale says in her introduction, a "remarkable book." -- Alex Ruck Keene KC, 39 Essex Chambers, UK * Mental Capacity Law and Policy *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 236 mm
Width: 158 mm
Thickness: 22 mm
Weight
580 gr
ISBN-13
978-1-5099-7214-2 (9781509972142)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Rob George is Professor of Law and Policy at University College London, and a barrister at Harcourt Chambers, UK.
Content
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
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