The Health Service Executive of Ireland v IM & Anor

Mental Capacity Law Cases

The Health Service Executive of Ireland v IM & Anor


  Knowles J has given a helpful summary of the approach to determining whether an adult with impaired decision-making capacity remains habitually resident within England and Wales. The person in… Read more »

CategoryInternational jurisdiction of Court of Protection, Other 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

University College London Hospitals NHS Foundation Trust v MB


In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the allocation of scarce hospital resources in University College London Hospitals… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

QD (Habitual Residence) (No.2)


In QD (Habitual Residence) (No.2) [2020] EWCOP 14, Cobb J gave a follow up judgment to that delivered in December 2019.  In that judgment, Cobb J decided that the move… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, International jurisdiction of Court of Protection, Other Date

HSE of Ireland v Moorgate


In The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

TD and BS v KD and QD


Summary QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife,… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

TD and BS v KD and QD


QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife, KD,… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

FT v MM and RM


In this case, Russell J highlighted a real – and problematic – difference between the ability of the English courts to protect adults abroad and children.  In 2016 a child… Read more »

CategoryOther Date

Re DB; Re EC


Summary [1] This decision concerns the habitual residence of two people placed by Scottish authorities in hospital in England.  For a Scottish perspective on the judgment, see the article by… Read more »

CategoryStatutory wills - Statutory wills, Other Date

HSE Ireland v PD


Summary Baker J has had cause to consider Re X and Rule 3A on the very first day of the latter’s life.  In HSE Ireland v PD [2015] EWCOP 48,… Read more »

CategoryRecognition and enforcement, - DOLS RPR, Other Date

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