Re Lawson, Mottram and Hopton (appointment of personal welfare deputies)

Mental Capacity Law Cases

Re Lawson, Mottram and Hopton (appointment of personal welfare deputies)


Summary[1] The Vice-President of the Court of Protection, Hayden J, has outlined a set of principles to govern the appointment of personal welfare deputies. In Re Lawson, Mottram and Hopton… Read more »

CategoryDeputies - Welfare matters Date

Staffordshire CC v SRK & ors


Summary SRK acquired a brain injury following a road traffic accident, necessitating 24-hour care. The compensation funded the purchase of an adapted bungalow and his care regime. The effects of… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Deputies - Welfare matters, Article 5 ECHR - DOLS authorisations Date

AY v (1) Hertfordshire Partnership NHS Foundation Trust & Ors


Summary This case concerned the best interests of X in relation to his diet/treatment and a welfare deputyship. The application was brought by his mother, AY. X was a young… Read more »

CategoryDeputies - Welfare matters Date

Re JK


Summary: This ‘classic’ best interests decision on residence, which has recently been publically available, merits note because of the views expressed by District Judge Ralton as to the circumstances under… Read more »

CategoryDeputies - Welfare matters Date

Re HA


Summary: This matter came before the Court by way of two applications, a section 21A challenge brought by P, and a separate application by P’s daughter to be appointed P’s… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Deputies - Welfare matters Date

SBC v PBA & Others


Summary: Finally, a reason – if you needed one – to purchase the COPLR Consolidated Volume is that that is the only place in which you can find the relevant… Read more »

CategoryDeputies - Financial and property affairs, Deputies - Welfare matters Date

G v E (Deputyship & Litigation Friend)


Summary: There have been two recent judgments concerning the appointment of welfare deputies which expressed different views as to their appropriateness (Re P [2010] EWHC 1592 (Fam) and Havering LBC… Read more »

CategoryDeputies - Financial and property affairs, Deputies - Welfare matters, Litigation friend - Official Solicitor Date

EG v RS, JS & BEN PCT


Summary: In this judgment, delivered on 29.6.10, HHJ Cardinal heard an appeal by a solicitor (EG) against an order made that she pay the costs of her failed application for… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Welfare matters Date

London Borough of Havering v LD


Summary: This case, decided by HHJ Turner QC (sitting as a Judge of the High Court), provides useful guidance as to the appointment of a welfare deputy has recently been… Read more »

CategoryDeputies - Welfare matters Date

Re KS


Summary: This case concerned welfare proceedings issued by a private carer who made allegations of abuse against P’s family. The carer brought the matter to court and applied to be… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Welfare matters Date

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