Private Client

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South Gloucestershire Council v DN [2022] EWCOP 35

The court considered (1) an application on behalf of DN for welfare orders under the Mental Capacity Act 2005, and (2) an application by the local authority for orders authorising DN’s deprivation of liberty in an unregulated placement. DN is 17 years old with a diagnosis of Autistic Spectrum Disorder, severe learning difficulties, and Tourette’s… Continue reading

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Hull City Council v KF [2022] EWCOP 33

Background Hull City Council issued proceedings in the Court of Protection to safeguard KF, who was in a long-term abusive relationship with KW which resulted in a serious sexual assault. Following the assault KF had to endure surgery and blood transfusions and, without medical intervention, likely would have died. KW was charged with s.18 (Grievous… Continue reading

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The Public Guardian v RI & Ors [2022] EWCOP 22 (07 June 2022)

The question in this Judgment was whether a donor under an LPA for Property and Affairs executed in 2009 had capacity to execute it. RD was a 60 year-old male who had a learning disability as well as chronic schizophrenia and he resided in a care home and was subjected to a DOLS Order. The… Continue reading

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Getting To Know You:

At Paramount we think business should be more than transactional. We believe in building long-term relationships with our Clients and getting to know the person behind the screen. The nature of our job means we are given a unique insight into how hard our Clients work and the impact they have on the lives of… Continue reading

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Imperial College Healthcare NHS Trust v Mrs. C & Ors [2022] EWCOP 28

Mrs. C was admitted to Charing Cross hospital on 16 January 2022 following a fall at her home. She was found to have a raised heart rate and an acute kidney injury, amidst a background of hypertension, diabetes and transient ischemic attacks. A week later she suffered a cardiac arrest. Spontaneous circulation was only achieved… Continue reading

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South Tyneside and Sunderland NHS Trust Foundation v SA [2022] EWCOP 23

SA is 22 years old and has a diagnosis of Autistic Spectrum Disorder, Severe Learning Disabilities, communication difficulties and Attention Deficit Hyperactivity Disorder. He was represented in the proceedings by the Official Solicitor as his litigation friend as he lacked capacity. South Tyneside and Sunderland NHS Trust Foundation made an application for an order allowing… Continue reading

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MC & Anor v A CCG & Anor [2022] EWCOP 20

This matter relates to an ongoing appeal brought by P’s parents in relation to a judgment made on 17/01/22 by HHJ Burrows to support the CCG’s decision to vaccinate P against Covid. P is a 21-year-old man, who resides in a residential care home, with a complex medical history; born with a profound learning disability… Continue reading

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MB v PB [2022] EWCOP 14

P (PB) was 65 years old when she suffered a severe brain haemorrhage in March 2018 which led to impaired cognitive function and right sided weakness and spatial neglect and she was assessed as lacking capacity to make various decisions. P received a significant care package and lived in a specialist care home and she… Continue reading

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NHS Liverpool CCG v X and Y (2022) EWCOP 17

Liverpool CCG made an application to the Court, seeking a declaration that it was in the best interests of the first respondent (hereafter known as X), to be provided with a vaccination to protect her against potential consequences of being infected with the COVID-19 virus. X is female and 50 years of age. She has… Continue reading

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PH v Betsi Cadwaladr University Health Board [2022] EWCOP16

This was a judgment from the Vice President (following an ex tempore judgment in October 2021) concerning the treatment of PH, who had been subject to physical restraint in order to take blood samples from him at a time when there were no reasons to believe that he lacked capacity to consent to medical treatment.… Continue reading

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LF v A NHS Trust & Ors [2022] EWCOP 8

An application brought by LF, P’s father, to set aside a Reporting Restriction Order (‘RRO’) in proceedings relating to where his adult daughter should be cared for when discharged from her current placement in a children’s hospital. P has a degenerative disorder affecting her central nervous system, and has been an in-patient at the children’s… Continue reading

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Manchester University NHS Foundation Trust v Verden & Anor [2022] EWCOP 4

This was an application by Ms Amy McLennan to vary a Reporting Restriction Order made on the papers on 31st December 2021 by Cohen J. Ms McLennan’s son, William Verden, aged 17, suffers from steroid resistant nephrotic syndrome. He is I n end stage renal failure and needs ongoing dialysis or a transplant to stay… Continue reading

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P, Official Judicial Visits to (Guidance) [2022] EWCOP 5 (10 February 2022)

Following on from the Judgment in the Court of Appeal in Re AH (Serious Medical Treatment) [2021] EWCA Civ 1768, recent guidance has now been issued in relation to judicial visits by Hayden J. Earlier guidance had been issued on 14/11/16 but that had really been directed towards Health & Welfare cases but also provided… Continue reading

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A Clinical Commissioning Group v DC, MC and AC [2022] EWCOP 2

This is another case where the Court of Protection had to step in to make a best interests decision on behalf of the Protected Party, DC, as to whether or not he should receive the Covid-19 vaccination. DC is a young man who suffers from schizencephaly, microcephaly and cerebral palsy. He further suffers from epilepsy,… Continue reading

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Kent County Council v P & Anor [2022] EWCOP 3

This matter concerned P, a 21-year-old woman, who was subject to proceedings in the Court of Protection. The issue in discussion was whether the public should be admitted to the proceedings and if the judgment should be published. P suffered extreme neglect at the hands of her parents and was found malnourished and in an… Continue reading

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London Borough of X v MR & Ors (Rev 1) [2022] EWCOP 1

This was a section 21A application, though the sole issue was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home, such as the T Care Home or S Nursing Home. MR has dementia. He was discharged from… Continue reading

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North Middlesex University Hospital NHS Trust v SR [2021] EWCOP 58

At an urgent hearing, the Judge was required to determine: Does SR have capacity to make decisions about her care in pregnancy and birth; Is there a risk that she will lose that capacity; Is it appropriate to make a declaration, contingent on her losing capacity, identifying the medical treatment that is in SR’s best… Continue reading

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The Electronic Bill in the Court of Protection and OPG105 estimates

We have recently been advised that the electronic bill of costs in Court of Protection matters is now ready for consultation, and that the members of the Professional Deputies Forum and the Solicitors for the Elderly will be invited to consider and make comments on the bill before it is rolled out. We have not… Continue reading

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AB V XS [2021] EWCOP 57

This matter concerns an application for the Protected Party, XS, to return to the UK from Lebanon. XS was born in Lebanon in 1944. She came to the UK in 1971 and at some point became a UK citizen. In 2013 she was diagnosed with Alzheimer’s Disease and was detained under the Mental Health Act… Continue reading

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Kambli v The Public Guardian [2021] EWCOP 53

Mr Kambli had been appointed as a panel Deputy in previous proceedings and these proceedings were to determine whether that appointment should be discharged and, if it was, who should be appointed as replacement Deputy. Mr Kambli was the third Deputy to be appointed in this matter and he sought the discharge of his appointment… Continue reading

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Calderdale MBC v AB & Ors (Order) [2021] EWCOP 56

This application was brought by the Protected Party’s local authority in relation to aspects of P’s care arrangements, in particular the local authority sought confirmation of the Deputy’s authority and scope for decision making, in respect of P’s direct payments. P received a package of care provided by his siblings. DB (P’s brother in-law) received… Continue reading

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Hull City Council v A & Ors [2021] EWCOP 60

This was an application to the court by the Local Authority for authority to remove A from her home and transfer her to a residential care home, at least for an interim period. A was a 76-year-old woman living in her own home who had late-onset vascular dementia complicated with agitation, anxiety disorder and psychosis.… Continue reading

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OFFICE OVERHEADS

Welcome to Karl’s COP Costs top tips Office Overheads Research, reading incoming routine correspondence, internal communication and supervision are taken to be included into the deputy’s overheads, except in exceptional circumstances. Whilst incoming correspondence isn’t recoverable per se in Court of Protection matters, time can often be recovered for considering… Continue reading

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Dartford And Gravesham NHS Trust v SEB [2021] EWCOP 55

This case involved an out-of-hours application by the Trust for orders in relation to the management of SEB during the birth of her first child. SEB is a drug user and has been diagnosed with a schizoaffective disorder. She responds well to medication but has a history of non-compliance leading to relapses, which in turn… Continue reading

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Liverpool City Council v CMW [2021] EWCOP 50

This matter related to P’s capacity to make decisions in various aspects of her life, such as conducting proceedings, management of her affairs, her residence, care, contact with others, the use of social media and the internet and engaging in sexual relations. P is an 18-year-old woman with a troubled history, having been subject to… Continue reading

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CB, Re [2021] EWCOP 43 (04 May 2021)

CB had been diagnosed as having learning difficulties, epilepsy and autism and suffered from a range of other conditions. YH wished to be appointed CB’s personal welfare deputy in addition to being her property and affairs deputy and she sought an order for costs of the proceedings against the local authority. YH had fought long… Continue reading

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KM, RE [2021] EWCOP 42

This case concerned KM, a 52-year-old man, who was admitted to Hospital A on 19 January 2021 with shortness of breath and pleuritic chest pain. On 24 January 2021, he was transferred to the cardiothoracic intensive care unit at Hospital B. Unfortunately, his condition has deteriorated over the course of the last three and a… Continue reading

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London Borough of Southwark v P (by her litigation friend, the Official Solicitor) and AA and South London and Maudsley NHS Foundation Trust [2021] EWCOP 46

Main Issue In this matter Lieven J was tasked with considering whether to discharge P’s mother, AA, as a party from the Court of Protection proceedings. A balancing act was addressed regarding P’s best interests and AA’s rights as a mother to remain involved in proceedings. Background P, at the time of the handing down… Continue reading

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A Local Authority -v- SE and Others [2021] EWCOP 44

This matter involved an application made by the Local Authority (LA) for a series of orders in respect of the Protected Party (P) for the Court to the following decisions: 1. Declaration under S.15 of the Mental Capacity Act 2005 (MCA) that P lacks capacity to conduct these proceedings, and to make decisions about her… Continue reading

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AB v HB & Anor [2021] EWCOP 45

This case involved an application for committal for breach of a court order. The Protected Party (P) is 96 years old and has three children, two of which live in the UK with him (the Respondents), and the other (the Applicant) who lives in the US. P has a significant estate, including outright ownership of… Continue reading

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