The wife's proceedings were properly brought under s. 21A MCA and it followed that she was eligible for non means tested legal aid funding for representation on the issue of whether it was in the best interests of her husband to be given clinically assisted nutrition and hydration.

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Declaration that the P had the capacity to make decisions regarding his residence and care.

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The High Court, exercising its inherent jurisdiction, has the ability to make orders for the protection of vulnerable or incapacitated individuals on the basis of their British citizenship, whether or not it possesses it in the Court of Protection.

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Mr Justice Charles has released practical guidance in order to provide helpful suggestions as to how practitioners might consider enhancing the participation of P in proceedings in the Court of Protection. Whilst this guidance is primarily directed towards health and welfare cases in the Court, it is also likely to be of assistance in some, but by no means all, property and affairs cases. The guidance is not prescriptive. It is suggestive only. It is not a required checklist of all matters for consideration in all cases. Instead it is a list of suggestions for consideration by those representing P and also other parties, including statutory agencies, as to how P’s participation in proceedings might be enhanced.
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Judgment concerning whether the substantial personal injury damages awarded to the P should be paid to and administered by the P's property and affairs deputy or should be held on trust.

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