The Mental Health Trust,The Acute Trust & The Council v DD and BC (Reported as Re DD ( No 4) (Sterilisation )  EWCOP 4)
Issue – whether and in what circumstances it can be considered to be in a patient’s best interests to undergo laporoscopic sterilisation by way of occlusion of the fallopian tubes under general anaesthetic
This case considers the issue of the legal status of declaratory orders made in the Ct of Protection and also can a party who acts in deliberate defiance of such declarations be in contempt of court.
It is a paradigm judgement by Hayden J for anyone who finds themselves in a case where there are breaches of COP orders/ declarations. It analyses all the relevant law on contempt, the civil contempts such as may arise through the publication if material in the press the powers of the court, the contempt emanating through wardship, the impact of ECHR jurisprudence and the new rules in the Court of Protection – R 192 ( i) and ( 2) and PD 21A( Contempt of Court) together with the substantive legislation afforded by the MCA 2005.
Case summaries & Editor's comments on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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