Cases

Summary  In this case, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others.  His discomfor... Read more  

Summary This case concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative... Read more  

Summary  John McKendrick KC has answered a question which, as he noted, had curiously not been answered since the MCA 2005 came into force – namely how far-reaching a set of injunctive measures it can grant to compel compliance with its orders. The... Read more  

Summary This judgment concerned an appeal to a decision of a circuit judge to discharge CL’s mother as her personal welfare deputy. The first instance decision of HHJ Porter-Bryant, dated 6 December 2023 (Swansea Bay University Health Board v P &... Read more  

Henke J has loyally followed the Closed Hearings and Closed Material Guidance ([2023] EWCOP 6) and produced a judgment “to enable disclosure at an appropriate point in the future and to enable the speedy and proportionate determination of any appeal ... Read more  

Summary This is an example of a relatively rare species of case, namely a successful appeal in relation to capacity.  At first instance, HHJ Burrows had found that ZZ had capacity to make decisions about residence, sexual relations and marriage. The... Read more  

Summary This 5-year long case concerned a 25-year-old woman (‘A’) who was being covertly medicated in a care home whose mother sought her return to which all other parties were opposed. The previous judgments were reported at [2019] EWCOP 68; [2020]... Read more  

Summary The Court of Protection has given a clear statement that there is an actual conflict of interest when a Trust Corporation acting as property and affairs deputy appoints an Asset Management company with the same corporate owner. To avoid brea... Read more  

In Re AG (Welfare: Forced Marriage Protection Order) [2024] EWCOP 18,  Theis J considered the position of a 24 year old woman with a mild learning disability. She had undergone a marriage ceremony in 2019 in circumstances which were unclear, Theis J ... Read more  

Summary This very difficult case concerned a pregnant woman, detained under the Mental Health Act 1983, who was ambivalent about carrying her baby to term.  She had an extensive history of drug and alcohol abuse. This was her fifth pregnancy. She ha... Read more  

Summary Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. Readers with long-ish memories will recall that Mostyn J took on the Supreme Court decision in full-frontal fashion in Rochdale MBC v KW [2... Read more  

Summary This case concerned a 36 year old autistic woman, Laura Wareham, who strongly asserted her own capacity to make decisions about the conduct of the proceedings, and in respect of her (i) residence; (ii) care and support; and (iii) contact wit... Read more