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

Re ND (Court of Protection: Costs and Declarations)


Summary In this case, the Court of Protection has alighted upon procedural failings by a local authority to ground the making of declarations as to failures of that authority to… 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

AM-V v Finland


In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet of the interpretation of Article… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

N v ACCG


Summary[1] The Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

A Local Authority v X (2)


Summary In the sequel to the case that we reported in our last Newsletter, concerning whether the Court of Protection should embark upon a full capacity determination in respect of… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

Tinsley v Manchester City Council and others


Summary In this case P had received a large personal injury award in 2005 as a result of a serious brain injury. He had been compulsorily detained under the Mental… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction, Best interests - Property and affairs Date

A Local Authority v X


Summary In this case, Holman J took a very Re MN-style case management decision in relation to the question of whether it was necessary to proceed with a full hearing to… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

North Yorkshire CC v MAG & Another


Summary[1] This appeal against the decision of District Judge Glentworth that we covered here raises important issues about the task of the court when considering whether to approve arrangements amounting… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with public law jurisdiction Date

North Yorkshire County Council v MAG & Ors


Summary MAG was a young man born on 2 November 1980 and was 34 years old. As a result of perinatal trauma he suffered from autism, ataxic cerebral palsy, hearing… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

P v Surrey County Council and Surrey Downs CCG


Summary P was 26 years old with severe learning disability and autistic spectrum disorder. His placement broke down and he was urgently moved into a care home on 5 September… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, COP jurisdiction and powers - Interface with public law jurisdiction Date

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