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.
Kerry Bretherton of Hardwicke was instructed by Mark McGhee and Doug Feery.