Re AB

Mental Capacity Law Cases

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

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

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

Health Service Executive of Ireland v PA, PB and PC


Summary This case concerns the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the MCA 2005.    That Schedule represents the implementation… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Recognition and enforcement Author Alexander Ruck Keene Date

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