2012 10 Incapacity

Thursday 1 November 2012

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MW (by his litigation friend the Official Solicitor) v Hammersmith & Fulham LBC 29 July 2012 (HHJ Horowitz QC): MW lacked capacity to make decisions in relation to contact with his childhood friend JC. It was not in MW's best interests for JC to visit MW's home, so an order was granted restraining JC from doing so; this was endorsed with a penal notice because of previous breaches of an injunction. The local authority and Official Solicitor requested that MW, who lacked litigation capacity, should not attend the hearing because this would be stressful and not conducive to the maintenance of his good mental health: the court acceded to this application. Sensitive evidence was withheld from JC, at the request of the local authority and Official Solicitor, but the court came to its final decision based on the open evidence. No judgment currently available.

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