Case Law

  • 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 […]

  • 28/02/2020

    Re [2020] EWCOP1

    The Protected Party (P) is a young man aged 20, who is severely impaired by autism.  The Applicant in this matter was P’s mother, the First Respondent, P’s father, and Second Respondent P’s stepmother. The matter related to an application brought by P’s mother, who was subject to a civil […]

  • 28/02/2020

    JBN, Re [2019] EWCOP 62

    This case concerned an application by the Public Guardian to revoke a Lasting Power of Attorney for property and affairs (“the LPA”) made by JN, appointing his son, DN, as attorney. The Public Guardian had concerns that DN had not acted in his father’s best interests by selling his residence […]

  • 26/02/2020

    A Local Authority v PS & HS [2019] EWCOP 60

    The Court was asked to make a declaration that PS lacked capacity to make decisions regarding contact, and whether it was in her best interests not to have contact with her former husband, HS, if she did lack capacity. PS was 80 years old and had divorced HS about 25 […]

  • 22/01/2020

    Cheshire West and Chester Council v PWK [2019] EWCOP 57

    This was an application by the local authority for declarations that P, who suffers from autism and learning difficulties, lacked capacity in six areas: (1) where to reside; (2) care and support needs; (3) contact with others; (4) social media and the internet; (5) financial and property affairs; and (6) […]

  • 10/01/2020

    CB v KB [2019] EWFC 78

    This judgment relates to the wife’s ‘de facto’ financial claim in a case where the husband was a musician in a well-known band.  The parties’ relationship began in 1998, they married in December 2003 and separated in January 2017.  There were 6 children of the family.  The husband was the […]

  • 17/10/2019

    Lincolnshire County Council v AB [2019] EWCOP 43

    This was an application by the local authority for the court to determine P’s capacity and best interests, specifically with regard to contact with sex workers. P is a 51 year old man with a diagnosis of moderate learning disabilities, autistic spectrum disorder, harmful use of alcohol and psychosis due […]

  • 15/10/2019

    Twah, Re [2019] EWCOP 36 (21 August 2019)

    This was an application by a trust corporation which was linked to a charity for the appointment of a property and affairs deputy for P who was lacking capacity. The judgment in Various Incapacitated Persons and The Appointment of Trust Corporations as Deputies [2018] COP 3 was considered. It was […]

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