Cases

The Shrewsbury and Telford Hospital NHS Trust v T and Midlands Partnership NHS Foundation Trust

Summary  This judgment (which Lieven J notes was prepared approximately nine months after the application was determined) related to an application by the applicant Trust on 1 August 2022 for an anticipatory declaration in respect of the obstetric c... Read more  
 
Best interests - Medical treatment , Mental capacity - Medical treatment , Practice and procedure - Other

Re Beatrice (No 2)

Summary Although not his final judgment, a delay in getting the case to Bailli means that the final published judgment of Mostyn J  is the conclusion to the story of Beatrice, the story of a 50-year-old woman with profound and enduring thirty year l... Read more  
 
Best interests - Medical treatment

North East London NHS Foundation Trust v Beatrice and Edward

Summary This case concerned ‘Beatrice,’ who was 50 years old; the second respondent, ‘Edward’   was her father. An application was made by North East London NHS Foundation for declarations that a palliative care plan for Beatrice which would withdra... Read more  
 
COP Jurisdiction and powers - Injunctions , Mental capacity - Litigation , Mental capacity - Medical treatment ,

Baker & Anor v Hewston (Headnoted Version)

Testamentary capacity – common law and statutory tests – whether Banks v Goodfellow and Mental Capacity Act 2005 tests could be reconciled  A man had had three children and eight grandchildren and had had two partners who had died before him.  He ma... Read more  
 
Chancery , Practice and procedure - Other

Baker & Anor v Hewston

HHJ Tindal in Baker & Anor v Hewston [2023] EWHC 1145 (Ch) has ambitiously sought to undertake a Hegelian synthesis between the contrasting positions taken by Chancery and Court of Protection lawyers to the approach to take to testamentary capaci... Read more  
 
Chancery , Practice and procedure - Other

Cheshire and Wirral Partnership NHS Foundation Trust v JMC & Anor

Hayden J has returned to the vexed question of s.49 reports.  As Hayden J noted:  8. In December 2022, I met with the NHS Mental Health Directors. Concern had been expressed about the burden experienced by the medical profession in reports requested... Read more  
 
Other proceedings - Civil

Manchester University Hospital NHS Foundation Trust v JS and Manchester City Council

Summary This case concerned ineligibility for detention under the Mental Capacity Act under Schedule 1A MCA, and, in particular, the extent to which the court is bound to accept conclusions of the professionals involved.  The case related to a 17-ye... Read more  
 
Mental Health Act 1983 - Interface with MCA

EG & Anor v AP & Ors (Headnoted version)

Jurisdiction – injunction – whether jurisdiction to make injunctions to prevent third parties from disposing of assets in which others allege a protected person has an interest In the context of a dispute about the proceeds of sale of a house which ... Read more  
 
COP Jurisdiction and powers - Injunctions

EG & Anor v AP & Ors

Senior Judge Hilder has further refined our understanding of the scope of the Court of Protection’s power to make injunctions.  This issue has been the subject of recent appellate level consideration in Re G (Court of Protection: Injunction) [2022] E... Read more  
 
COP Jurisdiction and powers - Injunctions

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor [2023] EWCOP 19 concerned the management of funds awarded in a damages claim in England to a person now habitually resident in Poland.  The case had a tangled procedural history, caused in large... Read more  
 
Recognition and enforcement

Contaminated Land Expenditure Relief

In Northern Gas Networks Ltd v. Revenue and Customs Commissioners [2022] EWCA Civ 910, the Court of Appeal considered the application of the provisions of Schedule 22 of the Finance Act 2001 to compulsory replacement of iron gas pipes which had corro... Read more  

Excavated soil and end of waste status

In Case C-238/21 Porr Bau GmbH, the CJEU considered the application of the tests of a by-product and end-of-waste under the Waste Framework Directive to uncontaminated excavated soil provided by a construction company to farmers in Austria for soil i... Read more