Re JB (Costs)

Mental Capacity Law Cases

Re JB (Costs)


In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date

P v Griffith


Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

PLK & Ors (Court of Protection: Costs)


Summary In an important decision, the Senior Court Costs Office has looked at the method of assessment of the hourly rates claimed by Deputies and, in particular, at whether those… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs, COP jurisdiction and powers, Deputies Date

FS v RS and JS


As Sir James Munby noted at the outset of his judgment in FS v RS and JS [2020] EWFC 63: “[t]his is a most unusual case. Indeed, so far as… Read more »

CategoryOther proceedings, Family (private law), Mental Health Date

Penntrust Ltd v West Berkshire District Council & Anor


Summary Senior Judge Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection.  In its current iteration, PD19B provides that “where the… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs, COP jurisdiction and powers, Deputies Date

DP v LB Hillingdon


Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations, Article 5 ECHR, Practice and procedure Date

Re AB


Summary In this case, Senior Judge Hilder had to grapple with two difficult questions in the context of the Court of Protection’s international jurisdiction.  The first was whether she should… Read more »

CategoryInternational jurisdiction of Court of Protection, Recognition and enforcement Date

Re LW


In this case Hayden J was concerned with a 60-year-old woman, LW.   She had been admitted to a specialist unit, initially detained under the MHA 1983, in a “truly parlous… Read more »

CategoryBest interests - Contact, Best interests Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, Article 8 ECHR - Residence, Article 5 ECHR, Article 8 ECHR, Best interests Date

The Public Guardian v Andrew Riddle (Nos 1 and 2)


Summary Senior Judge Hilder has considered at considerable (necessary) length the ability of a professional deputy who is not a solicitor to charge fees at the solicitors’ rate, as well… Read more »

CategoryDeputies - Financial and property affairs, Deputies Date

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