In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
Category: Cross-border
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Cross-border protection and capacity
The Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3) is the sequel to a decision in 2020… Read more
Capacity, habitual residence, and internet use in Scotland – a Court of Protection conundrum
In Newcastle City Council v LM [2023] EWCOP 69, David Rees KC (sitting as a Tier 3 Judge of the… Read more
What to do when P wants to return home abroad?
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more
The habitual residence checklist (and an observation about necessity)
In The Health Service Executive of Ireland v IM & Anor [2020] EWCOP 51, Knowles J has given a helpful… Read more
When not to recognise a foreign order
In Re AB [2020] EWCOP 47, Senior Judge Hilder had to grapple with two difficult questions in the context of… Read more
Foreign powers of representation – making them effective in England & Wales
In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues… Read more
Seize the day, or lose the person
In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between… Read more
Cross-border protection and the CRPD
I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European… Read more