Supreme Court Overturns Cheshire West: A shift in Deprivation of Liberty Law
The Supreme Court has issued a landmark judgment reshaping the legal framework for deprivation of liberty under Article 5 of the European Convention on Human Rights (ECHR), bringing an end to the long‑standing “Cheshire West” approach.
In A Reference by the Attorney General for Northern Ireland [2026] UKSC 16, handed down on 2 June 2026, the Court unanimously departed from its 2014 decision in P v Cheshire West and Chester Council, concluding that the widely applied “acid test” was wrongly decided and inconsistent with Strasbourg case law.
39 Essex Chambers analysis and webinar
39 Essex Chambers has published early commentary and learning resources on the judgment, including:
The webinar provides an initial expert analysis of the ruling.
Next steps
Further case law, national guidance and sector-wide interpretation are expected. Partners are encouraged to engage with available learning resources, including the 39 Essex webinar, to support early understanding.