In the Matter of SW

Mental Capacity Law Cases

In the Matter of SW


Summary Re SW is a quite extraordinary case that came before Sir James Munby P in March of this year. The Applicant brought an application for a declaration that an… Read more »

CategoryPractice and procedure - Other Date

Re NRA & Ors


Summary Re NRA is the latest instalment in the Re X saga, in which the Court of Protection attempts to deal with the fallout from the judgment of the Supreme… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Lasting Powers of Attorney - Revocation Author Benjamin Tankel Date

In the Matter of MN (Adult)


As Sir James Munby P, giving the lead judgment of the Court of Appeal noted, this appeal “raise[d] fundamental questions as to the nature of the Court of Protection’s jurisdiction and, in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.” The Court of Appeal also took the opportunity to give guidance as to conduct of welfare proceedings before the Court of Protection and to clarify when decisions, rather than declarations, should be sought.

CategoryPractice and procedure - Other, COP jurisdiction and powers - Interface with public law jurisdiction Author Alexander Ruck Keene Date

(1) MG and (2) JG v (1) JF and (2) JFG


Summary of (1) MG and (2) JG v (1) JF and (2) JFG This case concerned an application for a costs allowance under Schedule 1 to the Children Act 1989 to… Read more »

CategoryPractice and procedure - Other Date

In the matter of A (A Child)


Summary In this case, the President of the Family Division, Sir James Munby P, was extremely critical of the local authority’s analysis, handling of the case and conduct of the… Read more »

CategoryPractice and procedure - Other Date

Wigan Council v M, C, P, GM, G, B and CC


Summary This case concerns expert evidence in family proceedings in relation to (1) the capacity of a witness to give evidence and (2) the witness’s veracity.  As materially similar principles… Read more »

CategoryPractice and procedure - Other Date

YA v CNWL NHS Trust & Ors


Summary In a decision which is important not merely for practitioners before the First Tier Tribunal (Mental Health), but also for those acting for P (or protected parties) before the… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Mental capacity - Litigation Date

Re M (Republic of Ireland) (Child’s Objections)(Joinder of Children as Parties to Appeal)


This case concerning the 1980 Child Abduction convention is of note for the discussion of the Court of Appeal as to the role of a litigation friend when acting for… Read more »

CategoryPractice and procedure - Other Date

LB Hillingdon v PS and NS


Summary The dispute in this case concerned whether it was in PS’s best interests to have no contact with a friend, M.  The local authority had become involved through its… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

Bradbury & Ors v Paterson & Ors


The application raised a novel point about what the Court should do when the Official Solicitor concludes that he can no longer continue to act as litigation friend for a… Read more »

CategoryPractice and procedure - Other Date

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