In the Year of the Woman 2018...

Kerry Rowell, Rogers and Norton


Put the 3rd October 2018 in your diaries. This is set to be a momentous occasion because for the first time, an appeal will be heard in the Supreme Court before a majority of female Justices.

On the 3rd October Lady Hale, Lady Black, and Lady Arden together with Lord Carnwath and Lord Lloyd-Jones will hear the appeal in the matter of D (A Child) UKSC 2018/0064. There has never been a female majority of the female Justices in the Supreme Court or its predecessor, the House of Lords.

The appeal concerns whether the confinement of D, a young person aged 16, who lacked capacity to make decisions relating to his living arrangements or care, amounted to a deprivation of his liberty under Article 5 of the European Convention on Human Rights, in circumstances where his parents were consenting to the confinement.

This is History in the making and a great strive forward in females having a direct say in the law which govern this country. Case law and judicial precedent makes up a significant proportion of precisely how we as lawyers advise and conduct litigation. To have both sexes equally represented in making those precedents is surely the way forward.

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