The High Court exercised its inherent jurisdiction and authorised a deprivation of liberty in respect of the capacitous P.
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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.
The latest in a series of applications, this one alleging that the President did not have jurisdiction to make judgment in EWCOP16 [2018] and that it should be withdrawn from public record. The application was refused.
Read the full text of the judgment on Bailii 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.
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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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