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Application for costs by the OS after a test case relating to DoLS was withdrawn. Application refused.
The meaning of s1(3) of the Variation of Trusts Act 1958 had to be interpreted so that a decision could be made as to whether an application for a variation of a trust, one of whose beneficiaries was a 10 year autistic boy, should be heard in the High Court or the Court of Protection.
Application by the Home Office for personal welfare orders to authorise collection and testing of blood samples and disclosure of medical records where the two patients were unconscious following a suspected nerve agent attack.
William J granted the orders commenting that: "I am satisfied it is in the broad parameters of their best interests for it to be known as far as may be possible what occurred to them" Read the judgment on Bailii. The Patient's son was seeking a Declaration from the Court, under its inherent jurisdiction, that it shall be unlawful for HMRC (the Respondent) to effect forced entry of the property of P or to restrict P's liberty of movement without permission from the Court of Protection. The application was struck out by the DJ and the son appealed.
Application for an order to recognise a Canadian Power of Attorney as "a protective measure" for the purposes of Schedule 3 of the Mental Capacity Act 2005. The application was refused.
Appeal against an order made in COP proceedings where the judge who made the order had also been the judge in related family proceedings. Appeal allowed and the order was set aside.
Hearing to determine whether the Patient had the capacity to make decisions as to her care, residence and the contact she has with other people, and also to marry.
Application to challenge a standard DoLs authorisation. The court ruled that a second expert should be instructed before a decision could be made as to the Patient's capacity to decide where he would live.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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