Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Ordinary Residence under the Care Act 2014 and s117 MHA 1983: Principles, Capacity and Deeming Rules, Transitional Cases, and Inter-Authority Dispute Resolution (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

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STOP PRESS:

The Supreme Court decided in R (on the application of Worcestershire county council) v Secretary of State for Health and Social Care [2023] UKSC 31 that responsibility for section 117 Mental Health Act 1983 aftercare rests with the authority for the area in which the individual was ordinarily resident prior to the admission. This still holds even where accommodation had been arranged by another local authority under an earlier section 117 obligation. For commentary, see News Analysis: Ordinary Residence and Mental Health Aftercare Services (R (Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment (R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local authority is also under a duty to assess whether an adult has needs for care and support where it appears to the authority that they may have such needs...

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Christine Cooper

Field Court Chambers

Christine is an experienced barrister (17 years’ call) whose practice covers the full range of social and welfare issues. She regularly appears in judicial review and Court of Protection proceedings involving the elderly, vulnerable adults and people lacking capacity. Her clients include local authorities, the Official Solicitor and family members. She is an expert on local authority charges for residential and community care and acts for and against local authorities and care providers. She is also often instructed in disputes between local authorities and NHS bodies about funding for care. Christine has written for LexisNexis’ Finance and Law for the Older Client since 2015. From January 2017 - December 2018, Christine was Crown Counsel Community Care on the British Overseas Territory of St. Helena. There she was the government’s specialist lawyer on all health and welfare matters. Christine sits part-time as a deputy district judge....

Web page updated on 21/05/2026

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