Advocates Library Parliament House Edinburgh EH1 1RF
David Leighton of Hastie Stable has been interviewed for the current episode of Pod’s law, a Scottish podcast on recent judicial decisions.
He discusses the Supreme Court’s decision in Cheshire West, the judgment concerned with three individuals with mental incapacity who were cared for in a residential setting. The issue before the court was whether the relevant individuals could be said to be in “detention” for the purposes of Article 5 of the European Convention on Human Rights. David draws upon his experience of mental health law and knowledge of human rights to explain the differing approaches of the Supreme Court Justices and the implications of the judgment for Scotland.