Court of Protection Hub
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site

Cases

GN v Newland [2015] EWCOP 43

30/6/2015

 
The original application was made by Julia Newland, a solicitor, and it concerned an application for Julia Newland to be appointed as a Deputy for CN (the Patient) in relation to her property affairs.  The only person to be named as respondents to the application was DN and P’s social worker.

The application came before an authorised court officer (‘ACO’) and the application was granted.

P’s son GN sought review of the decision under Rule 89 of the Court of Protection Rules 2007; and for himself to be appointed P’s deputy.

Read More

Re OL [2015] EWCOP 41

30/6/2015

 
An application by the Public Guardian to revoke a lasting power of attorney for property and affairs on the basis that they had used their powers carelessly and irresponsibly under section 22 (4) (b) and section 22 (3) (b) and (4) Mental Capacity Act 2005 .

The court considered section 42 of The Mental Capacity Act 2005 and also chapter 7 of the Mental Capacity Act 2005 Code of Practice particularly paragraph 7.58 concerning LPA’s. The court specifically considered what the code had to say about fiduciary duty, duty to keep accounts, and the duty to keep the Donor’s money and property separate.

Read More

Re X (Court of Protection Practice) [2015] EWCA Civ 599

23/6/2015

 
This case concerns an appeal against the decisions made by the President of the Court of Protection, in the case of X v Ors (Deprivation of Liberty) [2014] EWCOP 25, 7th August 2014, and X v Ors (Deprivation of Liberty) (Number 2) [2014] EWCOP 37, 16th October 2014.

The leading judgment is given by Black LJ who considered the practice and procedure post Cheshire West and in particular the issues:-
  • as to whether the President has  the jurisdiction to hear the application in the manner in which he did, as no order was made following the judgments or pursuant to them and the Court of Appeal had to determine whether or not it had jurisdiction to hear the appeal;
  • whether “P“ should always be made a party in proceedings which may result in  a deprivation of liberty for that individual; and
  • whether the “streamlined process “ proposed by the President for dealing with DOL’s applications was lawful.

This case will not necessarily assist a litigant in person but is helpful for legal practitioners.

Read More

Bournemouth Borough Council v  PS v DS [2015] EWCOP 39

16/6/2015

 
This case concerned an application by Bournemouth Borough Council (‘BBC’) and the main issue for the court to determine was whether or not the care package provided for Ben (‘P’) amounted to the deprivation of liberty within the terms of Article 5.

Read More

KD v  A Borough Council, The Department of Health and Ors [2015] UKUT 0251 (AAC)

14/6/2015

 
The relationship between the functions and powers under the Mental Health Act in respect of guardianship and those under the Mental Capacity Act in respect of DOLS.

Read More

Public Guardian v H  [2015] EWCOP 37

8/6/2015

 
Revoking an enduring power of attorney (EPA) on the grounds of unsuitability.

The different criteria for the court revoking an EPA to that of revoking a lasting power of attorney (LPA). The LPA section 22 MCA is narrower and more focused. The court may only revoke an LPA if:
  • (a) the donor lacks the capacity to revoke it, and
  • (b) the attorney has behaved, or is behaving, or proposes to behave in a way that contravenes his authority or is not in the donor’s best interests.
With an EPA the court considers “unsuitability” and “all the circumstances”.

Additionally attorneys acting under an EPA must comply with the fiduciary  duties prescribed in paragraph 7.58- 7.68 of the Mental Capacity 2005 Code of Practice whereas an attorney acting under an LPA must not only comply with these fiduciary duties but also must:
  • (a) act in accordance with provisions of the Mental Capacity Act and in particular sections 1 (the principles) and 4 (best interest) MCA 2005 section 9(4)(a); and
  • (b) have regard to the Mental Capacity Act Code of Practice in a wider sense (MCA 2005, section 42(4)(a).
The duties of deputies to consult (see MCA 2005 section 4(4)(7)).

Read More
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination

    Archives

    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015



Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site