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Cases

SV, Re [2022] EWCOP 52

8/1/2023

 
Judgment giving reasons for allowing an application for an order recognising and declaring enforceable protective measures for an adult from the Republic of Ireland

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PH v A Clinical Commissioning Group & Anor (Dismissal of proceedings) [2022] EWCOP 12

23/3/2022

 
Application by mother of PH, under s16 MCA 2005, for orders concerning her son's future deprivation of liberty following his discharge from detention under MHA 1983.

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Royal Free London NHS Foundation Trust v AA & Anor [2021] EWCOP 68

25/2/2022

 
Judgment in preliminary issue where the family of AA said the Pakistani courts should have jurisdiction. 

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

27/10/2020

 
The court had to decide whether the P was habitually resident in the UK or Ireland. The court concluded that she was habitually resident in Ireland.

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SF (Injunctive Relief) [2020] EWCOP 19

4/5/2020

 
Does the Court of Protection have the power to grant injunctive relief? Yes, said the court.

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QD (Habitual Residence) (No.2) [2020] EWCOP 14

26/3/2020

 
​Proceedings relating to the P were adjourned for several months because of the Covid-19 pandemic which meant that he could not return to his habitual residence in Spain.

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Guys And St Thomas NHS Foundation Trust (GSTT) & Anor v R [2020] EWCOP 4

30/1/2020

 
Judgement, following an earlier extempore judgment by Hayden J, concerning the framework of applicable law where the Court is faced with making an anticipatory decision that may result in the deprivation of P’s liberty should they lose a capacity in the future, where the matter was urgent and where the health of an unborn child was also at stake.

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QD (Jurisdiction: Habitual Residence) [2019] EWCOP 56

9/1/2020

 
Judgment on preliminary issue concerning jurisdiction in proceedings relating to QD, diagnosed with Alzheimer’s and Parkinson’s who was living with his second wife (KD) in Spain but who flew back to the UK in the company and his son (TD) and daughter (BS) without the wife’s knowledge. They subsequently applied for a range of orders relating to QD’s care that are opposed by KD.

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AB (Inherent Jurisdiction Deprivation of Liberty) [2018] EWHC 3103 (Fam)

18/12/2018

 
​The High Court exercised its inherent jurisdiction and authorised a deprivation of liberty in respect of the capacitous P.

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A-F (Children) (No 2) [2018] EWHC 2129 (Fam)

9/8/2018

 
​Sir James Munby ruled that proceedings in relation to 16 and 17 year children who were subject to care orders and DOLs should remain in the Family Court and not be transferred to the Court of Protection.

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