Wards of Court and the Inherent Jurisdiction

Erscheinungsjahr 2026
ISBN: 978-1-5099-7218-0
Verlag: Bloomsbury Academic

Buch, Englisch, 296 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 454 g

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.

Autoren/Hrsg.

George, Rob

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Foreword, Rt Hon Lady Hale

Part I: General Principles

1. Introduction
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 II: 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

Über Autor(innen)

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

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