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Court of Protection | Monday 31 October 2016

Out of hours authorisation of an operation: Inherent jurisdiction invoked to authorise deprivation of liberty where the person was “ineligible” under Schedule 1A Mental Capacity Act 2005

An NHS Trust v HN [2016] EWCOP 43, Peter Jackson J, 23 September 2016 On an out of hours application the court held that it was in HN’s best interests to have what was a relatively minor operation in order to prevent much more serious harm, and authori

Bethan Harris

Court of Protection | Sunday 30 October 2016

Court of Protection committal application: sentence of 6 months in prison for breach of order

Devon County Council v M [2016] EWCOP 42, Newton J, 18 August 2016 On an application for committal, the 71-year-old respondent, was sentenced to six months imprisonment. The warrant was suspended for 7 days to give her one last chance to comply.

Bethan Harris

Court of Protection | Tuesday 4 October 2016

Inherent jurisdiction for vulnerable adults does not include power of arrest

Re FD (Inherent Jurisdiction: Power of Arrest), HHJ Clifford Bellamy, sitting as a High Court Judge, 28 September 2016 The issue was whether a power of arrest may be attached to an injunction granted by the High Court under its inherent jurisdiction in

Bethan Harris

Court of Protection | Thursday 1 September 2016

Jurisdiction to protect vulnerable adults exercised to order that father facilitates daughter's return from Saudi Arabia

Amina Al-Jeffery v Mohammed Al-Jeffery [2016] EWHC 2151 (Fam), Holman J, 3 August 2016. The jurisdiction to protect vulnerable adults was exercised to order that a father facilitate the return of his daughter, Amina Al-Jeffery, from Saudi Arabia to Eng

Bethan Harris

Court of Protection | Thursday 1 September 2016

Not-for-profit organisation’s “bulk application” in relation to deputyship remuneration

The Friendly Trust’s Bulk Application [2016] EWCOP 40, DJ Eldergill, 29 July 2016. The Trust made a “bulk application” in respect of a number of property and affairs deputyship orders under which its office-holders were appointed as deputies.

Bethan Harris

Court of Protection | Thursday 1 September 2016

Court recognises importance of pet dog in life of a person lacking mental capacity

Mrs P (by her litigation friend, the Official Solicitor) v Rochdale BC (1) NHS North, Central and South Manchester CCG (2) [2016] EWCOP B1, DJ Matharu, 18 July 2016. The court highlighted the importance of a pet in the life of the person lacking mental

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