Judge: Holman J
Citation:  EWCOP 44
In this case, Holman J took a very Re MN-style case management decision in relation to the question of whether it was necessary to proceed with a full hearing to determine capacity issues in relation to a severely injured man entirely reliant on state care where the relevant local authority made it clear that it was not in position to afford a package of care at his home. Declining set down directions to proceed to an “abstract” determination of capacity in proceedings which had already cost at least £130,000 in public funds, Holman J noted that:
Holman J therefore set down a further short directions hearing prior to the full four day hearing to allow (in particular) the local authority to answer the questions posed of them by the Official Solicitor, and the man to reflect upon his situations, and to take stock then whether there was any real point or purpose in the longer hearing currently listed to take place the next week.
Unusually, we will refrain from making any specific editorial comment here because two of your editors (Alex and Neil) are appearing shortly in the Supreme Court on opposite sides of the MN appeal in which the precise limits of the CoP’s jurisdiction vis-à-vis the Administrative Court will be the subject of detailed scrutiny. We will bring you news of the outcome of the appeal as soon as we are able.