Case Law

  • 05/06/2020

    VE v AO & Ors [2020] EWCOP 23

    This matter involved an application by VE for an order that it was in her mother’s (P’s) best interests to be allowed to leave the care home in which she was residing. This was a an extremely urgent matter in view of P’s terminal cancer and the risk of contracting […]

  • 02/06/2020

    BP v Surrey County Council & Anor [2020] EWCOP 17

    This was an urgent application by P’s daughter seeking P’s discharge from the care home where he is presently living, and a declaration that it is in his best interest to be returned to his home with an appropriate package of support. P, who is 83 years of age, was […]

  • 27/05/2020

    Leicester City Council v MPZ [2019] EWCOP 64

    This was an application by the Local Authority, Leicester City Council, to determine whether or not the Protected Party lacked capacity​ under the Mental Capacity Act 2005 (‘MCA’) to make decisions about her residence, care, contact, access to social media and the internet, to enter and surrender a tenancy and […]

  • 26/05/2020

    Maughan v Wilmot [2020] EWHC 885

    This is a Judgment given by Mr Justice Mostyn on the 16th April 2020, in relation to previous Costs Orders made in October 2019 and subsequent costs being incurred in Ancillary Relief proceedings. In his Judgment, Mr Justice Mostyn stated that he had to revise his previous disposition made in […]

  • 17/04/2020

    A Local Authority in Yorkshire v SF (A Protected Party) [2020] EWCOP 15

    Background SF suffers from mild learning disability, type 2 diabetes, depression and frontal lobe dementia. SF’s presentation is extremely complex and she has difficulty in communicating and expressing herself and understanding language. SF met AF when she was working in a café. AF, who was significantly older than SF, married […]

  • 15/04/2020

    A Clinical Commissioning Group v AF & Others [2020] EWCOP 16

    In this case, the court had to decide if it was in the Protected Party’s best interests to continue to receive Clinically Assisted Nutrition and Hydration (CANH). The Protected Party (P) suffers from a grossly incapacitated mind as a result of a stroke on 5 May 2016. Up to 12 […]

  • 15/04/2020

    Sunderland City Council v AS & Ors [2020] EWCOP 13

    P was a 44-year-old man who was diagnosed as suffering from mild learning disability and acquired brain injury. P also suffers from bipolar and personality disorders. P is currently subject to a Community Treatment Order (pursuant to section 17A Mental Health Act 1983) which contains a number of conditions, namely; […]

  • 06/04/2020

    QD (Habitual Residence) (No.2) [2020] EWCOP 14 (25 March 2020)

    P was in his 60s and suffered from Dementia in Alzheimer’s Disease which was connected with an atypical form of Parkinson’s disease. Due to these conditions, he had a significant cognitive impairment. He had been residing in Spain for several years with his second wife but had been brought to […]

  • 31/03/2020

    Re ACC & Others [2020] EWCOP9

    This was a test case concerning the conflicts of interest that may arise where a solicitor Property and Affairs Deputy instructs their own law firm to carry out acts or conduct litigation for the person who is the subject of the Deputyship Order (“P”). The matter before the Court concerned […]

  • 16/03/2020

    Cardiff & Vale University Health Board v P [2020] EWCOP 8

    This case involved an application by Cardiff & Vale University Health Board in relation to dental treatment for P. It raised the issue of delays in bringing applications. P was a severely autistic 17-year-old who was unable to communicate either verbally or, for the most part, in any consistently effective […]

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