Wards of Court and the Inherent Jurisdiction

Rob George (University College London, UK)

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Hardback

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English

Hart Publishing
14 November 2024

Courts & procedure; Family law

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.

By: Rob George (University College London UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509972142
ISBN 10: 1509972145
Pages: 296
Publication Date: 14 November 2024
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Hardback
Publisher's Status: Active

Foreword, Rt Hon Lady Hale 1. Introduction Part 1: General Principles 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 2: 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

Rob George is Professor of Law and Policy at University College London, and a barrister at Harcourt Chambers, UK.

Reviews for Wards of Court and the Inherent Jurisdiction

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 *