Deckchairs on the legal Titanic? The Re X saga continues

Deckchairs on the legal Titanic? The Re X saga continues


CategoryNews Author Neil Allen Date

In an important judgment for ensuring article 5 compliance and the rights of some of the most vulnerable who do not have others to advocate for them, In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of how Re X applications (now, strictly, COPDOL11 applications) can proceed where there is no-one can properly play the part of Rule 3A (now Rule 1.2(5)) representative.  Charles J considered four test cases of the now nearly 300 that have now been stayed in accordance with his decision in Re JM [2016] EWCOP 15, there being no family member or friend is available for appointment as P’s Rule 1.2(5) representative.

Neil Allen represented the Applicant Local Authorities, instructed by Wolverhampton City Council.

To read the full judgment, please click here.


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