Wards of Court and the Inherent Jurisdiction

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This open access book explores the High Courts 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 courts 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 courts 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

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 nations leading family law scholars. Rob Georges 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 authors 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 *

Author Bio

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