Re RW

Re RW


Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case,  concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »

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DA v DJ


Summary In this case, decided in 2017, but which only appeared on Bailii in March 2020, Parker J considered in considerable detail the operation of s.48 MCA 2005: i.e. the… Read more »

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In the matter of Re F (a minor)


Summary  This is an unusual case in which a high court judge was asked to make findings on the probity and reliability of a Consultant Clinical Psychologist (Dr Ben Harper)… Read more »

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I v D (by his litigation friend the Official Solicitor)


Summary In this case, his last reported decision, Senior Judge Lush was dealing with an application to dispense with service of an application to make a statutory will on a… Read more »

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A County Council v (1) AB (2) JB (3) SB


Summary In the course of welfare proceedings involving a young man, AB, a fact-finding hearing was listed to determine serious allegations against his parents, and the question arose of whether,… Read more »

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In the Matter of SW


Summary Re SW is a quite extraordinary case that came before Sir James Munby P in March of this year. The Applicant brought an application for a declaration that an… Read more »

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Re NRA & Ors


Summary Re NRA is the latest instalment in the Re X saga, in which the Court of Protection attempts to deal with the fallout from the judgment of the Supreme… Read more »

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In the Matter of MN (Adult)


As Sir James Munby P, giving the lead judgment of the Court of Appeal noted, this appeal “raise[d] fundamental questions as to the nature of the Court of Protection’s jurisdiction and, in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.” The Court of Appeal also took the opportunity to give guidance as to conduct of welfare proceedings before the Court of Protection and to clarify when decisions, rather than declarations, should be sought.

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(1) MG and (2) JG v (1) JF and (2) JFG


Summary of (1) MG and (2) JG v (1) JF and (2) JFG This case concerned an application for a costs allowance under Schedule 1 to the Children Act 1989 to… Read more »

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In the matter of A (A Child)


Summary In this case, the President of the Family Division, Sir James Munby P, was extremely critical of the local authority’s analysis, handling of the case and conduct of the… Read more »

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