Private Client

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Riddle v Public Guardian [2021] EWCOP 38 (19 May 2021)

This was an application for Permission to Appeal from the two judgments of Her Honour Judge Hilder. The matter involved some 40 cases where Mr Riddle acted as a Professional Deputy, although he was not a qualified Solicitor. He had applied for permission to Appeal on 24/09/20 and permission was refused on 19/03/21 and this… Continue reading

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TS, Re (Pacemaker) [2021] EWCOP 41

This case related to applications made by Chesterfield Royal Hospital NHS Foundation Trust and Derbyshire Healthcare NHS Foundation Trust, who sought declarations as to; P’s capacity to make decisions regarding the proposed fitting of a pacemaker and that it was in P’s best interests for the pacemaker to be fitted. The Applicants additionally sought a… Continue reading

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University Hospitals Dorset NHS Foundation Trust & Anor v Miss K [2021] EWCOP 40

This case involved an application by University Hospitals Dorset NHS Foundation Trust and Dorset Healthcare University NHS Foundation Trust under the Mental Capacity Act 2005 for declarations that it was in Miss K’s best interests that she undergo an elective caesarean section the following day. At the outset, Mrs Justice Lieven was very critical of… Continue reading

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SS v London Borough of Richmond upon Thames & South West London Clinical Commissioning Group [2021] EWCOP 31

In this judgment Hayden J dealt with the issue of a Protected Party who no longer had capacity to make a decision on whether to have the Covid-19 vaccine but had a history of ‘strongly and consistently expressed views’ relating to vaccination and medical intervention. SS is an 88-year-old woman with a diagnosis of dementia.… Continue reading

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A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33

This case concerned the best interests of a pregnant mother with severe agoraphobia who lacked capacity to make decisions about whether her baby should be born at home or in hospital. The medical evidence was clear that the mother does not have capacity to make decisions about the location of the birth. Holman J agreed… Continue reading

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DY, Re [2021] EWCOP 28

This matter involved an application by the local authority to deprive the Protected Party (P) of certain liberties. The liberty in question related to the consent of sexual relations when she was unsettled or distressed. At a hearing relating to the same issue, it was agreed that Dr Smith would carry out a medical assessment.… Continue reading

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P, Re [2021] EWCOP 27

This case concerned P, a 60 year old woman and this judgment was concerned solely with the issue of whether P had litigation capacity. P had been diagnosed with diabetes, paranoid schizophrenia and HIV. Since 2018, P had refused to take the antiretroviral medication she had been prescribed to treat her HIV. P had fixed… Continue reading

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SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

This matter relates to another decision over whether a Protected Party being vaccinated against Covid-19 was in their best interests. The Protected Party (V) is a lady in her early seventies who resides in a care home due to suffering from Korsakoff’s syndrome. V’s daughter, SD, was the party who contested the decision to vaccinate… Continue reading

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The Newcastle Upon Tyne NHS Foundation Trust v RB [2021] EWCOP 11

This was an application brought by the Newcastle upon Tyne Hospitals NHS Foundation Trust in respect of a young man, RB, who was under the care of the Trust in respect of his oncology care. The issue to be decided was whether the form of cancer care set out by the Trust was in RB’s… Continue reading

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Sandwell & West Birmingham Hospital NHS Trust -v- TW (by his litigation friend, the Official Solicitor) and FY [2021] EWCOP 13

This case involved an application brought by Sandwell & West Birmingham Hospital NHS Trust (the Applicant) for a declaration from the Court whether it would be in TW’s best interests to continue to receive life sustaining treatment, ventilation and blood pressure medication or alternatively, whether it would be lawful to withdraw it. Over the course… Continue reading

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X NHS Foundation Trust & Anor v Ms A [2021] EWCOP 17

This was an application for the Protected Party to be transferred to hospital for an elective caesarean section. Ms A, a woman in her 30s, suffers from paranoid schizophrenia. At the time of the application she was 38 weeks pregnant with her third child. She was hoping for a normal vaginal birth at home. Ms… Continue reading

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WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) [2021] EWFC 14

This was a judgment given by Mrs Justice Roberts in respect of a financial remedy application, which involved both matrimonial and non-matrimonial assets. The application was issued by the wife against the husband, with the parties’ adult daughters becoming intervenors, as they were partial beneficiaries of trusts, which were initially considered part of the marital… Continue reading

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NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16

This was a tragic case concerning NZ, a woman in her early thirties, who was gravely ill with pneumonitis, an inflammation of the lung tissue, caused by Covid-19 which she had contracted in January 2021. NZ was suffering several other medical complications in consequence of the inflammation. NZ had been married for 6 years and… Continue reading

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E (Vaccine) [2021] EWCOP 7

This is the first case concerning best interests and the Covid-19 vaccination. Mrs E is an 80-year-old woman with a diagnosis of dementia and schizophrenia. On 8 January 2021, the London Borough of Hammersmith and Fulham advised Mrs E’s Accredited Legal Representative that she was to be offered a Covid-19 vaccination on 11 January 2021.… Continue reading

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Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8

This was an urgent application by Pennine Acute Hospitals NHS Trust regarding TM for a bi-lateral below the knee amputation. TM was thought to be around 42 years of age and homeless and had been found collapsed in a bus shelter in late December 2020. He was admitted to hospital and initially treated for a… Continue reading

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KC, Re [2020] EWCOP 62

The issue in this matter was for the Court to decide whether LPAs executed by P should be registered. P suffered from Alzheimer’s and lived with the Applicant. On 16/08/17 P executed two LPA’s, one for property and affairs and one for health and welfare and both LPA’s appointed all 4 of P’s daughters. However,… Continue reading

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Re AC (A Child) [2020] EWFC 90

This was a Judgment given by Mr Justice Peel to an Application made by the mother for an Order under s8 of the Children Act 1989, in respect of her child’s inheritance. The child’s inheritance was a share of an Italian property. The background of the case was that the property had been purchased in… Continue reading

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University Hospitals of Derby and Burton NHS Foundation Trust & Anor v MN (medical treatment : Mental Capacity Act 20050 [2021] EWCOP 4

This was an urgent application concerning medical treatment for MN, a 60-year-old man diagnosed with paranoid schizophrenia. He has an obstruction in his right kidney which is suspected to be related to bladder cancer. The applicants, University Hospitals of Derby and Burton NHS Foundation Trust, sought authority for investigation and possible treatment of MN against… Continue reading

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Livewell Southwest Community Interest Co v MD (By His Litigation Friend, the Official Solicitor) & Anor [2020] EWCOP 57

This was another case involving dental treatment following shortly after the earlier case of United Lincolnshire Hospitals NHS Foundation Trust v Q [2020] EWCOP 27. In this case, MD is a 24-year-old man with diagnoses of learning disability, paranoid schizophrenia and ADHD. He also has a possible diagnosis of autism. He is voluntarily accommodated in… Continue reading

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An NHS Trust v AF & Anor [2020] EWCOP 55

AF was an 80-year-old man who suffered a severe stroke on 5 May 2016. He had a PEG tube inserted which was used to give him Clinically Assisted Nutrition and Hydration ("CANH") and on 27 March 2020 Mostyn J held that AF lacked capacity to decide whether to continue to receive CANH via his PEG,… Continue reading

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Z (Schedule 1 : Legal Costs Funding Order; Interim Financial Provision) [2020] EWFC 80 (26 November 2020)

This is a Judgment made by Mr Justice Cobb in relation to the mother’s interim Applications in respect of cost and finances. These Applications were made in the English Court within on-going contentious litigation between the mother and father in respect of their child, Zoe. In issuing her interim Applications, the mother sought a legal… Continue reading

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Cumbria County Council v A [2020] EWCOP 38

In this matter, Cumbria County Council was the Local Authority and had been appointed as the deputy to a number of Protected Parties. However, the Local Authority had devised a new set of criteria which would identify any deputyships it no longer wished to act as deputy for. Applications were made to withdraw as deputy… Continue reading

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Penntrust Ltd v West Berkshire District Council & The Public Guardian [2020] EWCOP 48

The Issue This matter relates to the provision of fixed costs in Court of Protection matters. This is set out in Practice Direction 19B and part of the provision relates to where the net assets of P are below £16,000. Whilst there is an option for detailed assessment of costs for such circumstances, this will… Continue reading

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The Health Service Executive of Ireland v IM & Anor (Rev 1) [2020] EWCOP 51

This was an application to determine where IM was habitually resident. IM was 92 years old and had moved to Ireland with her Grandson in September 2018, however prior to September 2018 she had lived in Kent for over 55 years. Whilst living in Kent, she had lived with her Grandson for many years and… Continue reading

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JB (Costs) [2020] EWCOP 49

This case involved an application for costs against the local authority who had withdrawn an application for an injunction. The Protected Party (P) had a learning disability and ADHD. The specialist residential unit where he had been living since August 2017 required him to leave and the local authority issued an application for an injunction… Continue reading

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TC (Urgent Medical Treatment) [2020] EWCOP 53

This matter concerned an urgent application by the NHS Trust for a personal welfare order under MCA 2005 relating to P’s medical treatment. P had been diagnosed with cancer of the larynx on 07/09/2020. Although this had reached an advanced stage P was advised the cancer was able to be treated and cured with the… Continue reading

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OG V AG [2020] EWFC 52 (29 July 2020)

This is an Ancillary Relief Judgment in which consideration was given to the value of assets in relation to a no-deal Brexit, Covid-19 and the setting up of a rival company by one of the parties. The matter concerned cross financial applications made by the husband and wife, after 25 years of marriage. During the… Continue reading

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SB (capacity assessment) [2020] EWCOP 43

This case involved an application by the Official Solicitor for the discharge of a previous direction providing for the instruction of a third independent expert psychiatrist to assess P’s capacity to make decisions about contact with other people. During a previous judgment, the parties had requested that there be a further assessment of P’s capacity… Continue reading

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P v Griffith [2020] EWCOP 46 (02 October 2020)

This was an unusual case which resulted in the Court of Protection sentencing a woman, Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain medical records in relation to P, her relation. The committal application was made by P acting through her litigation friend, the Official Solicitor. P was… Continue reading

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NP, Re [2020] EWCOP 44

This case considered whether P, who was about to be discharged from a neuro-rehabilitation unit, should return to the marital home or move to a residential care home. P is a 69-year-old man with diagnoses of neurological sequelae of herpesviral encephalitis and personality change due to known psychological condition. On 2 December 2018, P collapsed… Continue reading

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