Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 OCTOBER 2026

An Important Post-AGNI Decision: The Case Of BM

Mills & Reeve LLP
Mills & Reeve LLP
Contributor

Mills & Reeve LLP

Mills & Reeve’s staff thrive on developing great relationships and love helping clients find...

View firm profile
Explore more from Mills & Reeve LLP

The Court of Protection's decision in BM provides crucial guidance on applying the Supreme Court's multifactorial approach from AGNI to determine whether intensive care arrangements for a young...

United KingdomLitigation, Mediation & Arbitration
James Wood
James Wood

The case of BM is another important early decision following the Supreme Court's decision in AGNI. Following on from AR, it provides further guidance on how the Courts are applying the new multifactorial approach to deprivation of liberty. The decision will be of interest to those assessing whether care arrangements amount to a deprivation of liberty following AGNI.

BM's case

BM is a 16-year-old young person with autism spectrum disorder and a severe learning disability. He lives in a solo residential placement specifically adapted to meet his needs. The restrictions in place included:

  • Not being free to leave at any time

  • Continuous visual supervision

  • Locked doors and windows

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors
Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

New Subscription Rules: Are You Ready For January 2027?

The UK government has accelerated the implementation of new subscription contract regulations, moving the deadline from spring 2027 to January 2027. Businesses selling consumer subscriptions must now rapidly prepare for compliance with the Digital Markets, Competition and Consumers Act 2024, which introduces stringent requirements around pre-contract information, renewal reminders, cancellation methods, and cooling-off periods to prevent subscription traps.
United KingdomConsumer Protection
Mills & Reeve LLP
Mills & Reeve LLP
Article

Marketing Using AI: New Tech, Same Old Stereotypes?

Recent ASA decisions highlight how AI-generated advertising content can perpetuate harmful gender stereotypes and offensive imagery, particularly through deepfake technology. As generative AI becomes increasingly prevalent in marketing campaigns, regulators are emphasizing that marketers remain fully responsible for ensuring their AI-generated content complies with advertising standards, regardless of the technology used to create it.
United KingdomTechnology
Mills & Reeve LLP
Mills & Reeve LLP
Article

Grindr Settles Data Protection Case Relating To Sharing Of Users’ Personal Information

LGBTQ dating app Grindr has agreed to pay £26m to settle a group-action lawsuit alleging unlawful sharing of users' personal information, including HIV status, with third parties. This case highlights how data protection compliance extends beyond regulatory scrutiny to encompass substantial financial exposure from large-scale individual claims. The settlement raises important questions about third-party data sharing arrangements, consent mechanisms, and the handling of special category data under UK GD
United KingdomPrivacy
Mills & Reeve LLP
Mills & Reeve LLP
Article

Mental Health Moratorium Fails To Block Receiver Sale

The High Court has clarified the interaction between mental health crisis moratoriums under the Debt Respite Scheme and secured lending enforcement. When property security covers a company's debt rather than an individual's personal liability, receivers can proceed with sales despite the moratorium. This decision provides crucial guidance for insolvency practitioners and lenders navigating the complex intersection of mental health protections and security enforcement.
United KingdomInsolvency/Bankruptcy/Re-Structuring
Mills & Reeve LLP
Mills & Reeve LLP
Article

Calculating The Unknowable: The High Court’s Approach To Children’s Lost Years Claims After CCC

The High Court's decision in JBX v Frimley Health NHS Foundation Trust provides crucial guidance on calculating damages for children's "lost years" following clinical negligence. How should courts assess future earnings and living expenses when a child's life expectancy has been shortened, and what evidence is needed to depart from national average earnings data?
United KingdomLitigation, Mediation & Arbitration
Mills & Reeve LLP
Mills & Reeve LLP