The Value of Sex and the Price of Protection – 16th October 2017

The Value of Sex and the Price of Protection: Damages under the Human Rights Act in the Court of Protection

Free evening seminar in partnership with Serjeants’ Inn chambers exploring the practical issues around bringing and defending HRA claims and dealing with LASPO recoupment in the context of the recent CoP case of CH v A Metropolitan Council 2017 EWCOP 12.

Event details

Date: Monday 16th October 2017
Time: From 5.00pm – the seminar will be followed by networking drinks
Venue: The Chambers Hotel, 30 Park Place, Leeds, LS1 2SP
Cost: Free
How to book: To reserve your place, please contact Rhiannon Moore on 01904 606250 or click here to book via email

Claims for breaches of Human Rights related to the Mental Capacity Act were almost unheard of five years ago when Stephen Neary was awarded £35,000 for his unlawful deprivation of liberty. Since then the legal landscape has become far more undulating, with many cast iron claims never brought because the statutory charge would extinguish damages, but some awards and costs exceeding £100k when Local Authorities get things badly wrong.

This well received seminar, run in London earlier this month, is now to be reprised in Leeds. The seminar is aimed at those who already have an understanding of the Court of Protection practice, Bridget Dolan QC of Serjeants’ Inn Chambers and Caroline Hurst of Switalskis’ Court of Protection team will discuss the practical issues around bringing and defending HRA claims in the context of the recent CoP case of CH v A Metropolitan Council 2017 EWCOP 12. They represented Mr H in a successful claim for HRA damages following the Local Authority’s abject failure to respect their duties under s.1(3) MCA. The consequence was that Mr H and his wife had to forego sexual relations for over a year, and a High Court judge was put in the interesting position of deciding the financial value of a year without sex.

Topics covered will include:

  • HRA damages and the vindicatory principles
  • Procedural and substantive breaches of Article 5
  • Costs against Public bodies and avoiding LASPO recoupment
  • Bringing a HRA claim – the procedural steps
  • Duties under s.1(3) MCA and Article 8 awards after CH
  • How to value a year without sex