Re Various applications concerning foreign representative powers

Mental Capacity Law Cases

Re Various applications concerning foreign representative powers


Summary In this case, Senior Judge Hilder has returned to the somewhat complex issues that arise where an attorney seeks to use a power of representation granted in a foreign… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

DL v LB Enfield


Summary In this case, a local authority respondent sought to challenge the jurisdiction of the Court of Protection in relation to s.21A applications, “to challenge what might colloquially be called… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, COP jurisdiction and powers - International jurisdiction Date

A Local Authority v H


Summary This is the latest judgment concerning the life of H, for whom protective orders were previously made when she was 29 years old: A LA v H [2012] EWHC… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - International jurisdiction, Mental capacity, Safeguarding Date

Kirk v Devon County Council


Summary This is the sequel to the decision on contempt that we reported in the December 2016 Newsletter. The Court of Appeal, you will recall, allowed Mrs Kirk’s appeal against… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

An English Local Authority v (1) SW, by her litigation friend, the Official Solicitor (2) A Scottish Local Authority (3) RP and LC


Summary The issue in this case, decided some time ago, but only recently made available on Bailii, was where an incapacitated adult (SW) was habitually resident for the purposes of… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

Re LC (Children)


Summary: We have for some time commented upon a stream of jurisprudence from the higher courts as to the proper approach to the determination of the habitual residence of children… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

Re E (A Child)


Summary: We make note of this case arising under Council Regulation 2201/2003 (‘Brussels IIR’) because of the suggestions made by the President at the end of his judgment about practice… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

JO v GO & Ors


Summary: PO, who was some 88 years of age, was the mother of four children: the applicant JO, her brothers GO and RO and her sister MP. She lacked capacity… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Author Alexander Ruck Keene Date

Re A (Children)


Summary: We make short note of this case, relating to whether the High Court of England and Wales has jurisdiction to order the ‘return’ to this country of a small… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

Re MN (Recognition & Enforcement of Foreign Protective Measures)


Summary: This case is the first in which the complex provisions of Schedule 3 to the MCA 2005 have been considered. These provisions relate, inter alia, to the recognition and… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

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