In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made in relation to vulnerable adults … Read More ›
Category: Case comments
In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish Supreme Court has grappled (inter … Read More ›
Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together with others on the 39 … Read More ›
In Re D [2019] UKSC 42, the Supreme Court has held (by a majority) that where a 16 or 17 year old child cannot (or … Read More ›
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where a person has fluctuating capacity, … Read More ›
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] EWHC 1810 (Ch), Master Clark … Read More ›
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test for capacity to consent to … Read More ›
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to overturn the decision of Lieven … Read More ›
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity to make decisions about residence … Read More ›
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has been perennially difficult for practitioners: … Read More ›