SM v The Court of Protection and The London Borough of Enfield

Mental Capacity Law Cases

SM v The Court of Protection and The London Borough of Enfield


Summary This was a judicial review of a decision of the Court of Protection. The application was brought by SM, mother of RM, against a decision on 12 March 2021… Read more »

CategoryCOP jurisdiction and powers, - Interface with civil proceedings Date

Re P (Discharge of Party: Costs of Appeal)


Summary In Re P (Discharge of Party: Costs of Appeal) [2021] EWCA Civ 992, the Court of Appeal was asked to consider an application for costs following the appellant’s successful… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers Date

London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust


Summary The saga of Re P (Discharge of a Party) [2021] EWCA Civ 512, reported in previous issues, continued, following the Court of Appeal’s overturning the decision of Hayden J… Read more »

CategoryPractice and procedure - Other, COP jurisdiction and powers, Practice and procedure, - Interface with family proceedings Date

KK v Leeds City Council


In this case, Cobb J had to consider whether P’s maternal aunt should be joined to welfare proceedings.  The aunt, KK, had been P’s main carer for almost all of… Read more »

CategoryCOP jurisdiction and powers Date

Griffith v P (By Her Litigation Friend the Official Solicitor)


The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… Read more »

CategoryMental capacity - Sexual relations, COP jurisdiction and powers - Contempt of Court, COP jurisdiction and powers, Mental capacity Date

JMH v CFH, SAP


In this case, the court had to decide what costs a litigant in person is entitled to in the Court of Protection. The first point that was argued was made… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers Date

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

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

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

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

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