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Category: Cross-border

Case comments, Cross-border

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 is to be asked to … Read More ›

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Posted on February 6, 2021
Case comments, Cross-border

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 summary of the approach to … Read More ›

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Posted on November 22, 2020
Cross-border

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 the Court of Protection’s international … Read More ›

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Posted on October 17, 2020
Case comments, Cross-border

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 that arise where an attorney … Read More ›

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Posted on November 11, 2019
Case comments, Cross-border

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 the ability of the English … Read More ›

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Posted on April 16, 2019
Conferences, Cross-border, CRPD

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 Commission and the Hague Conference … Read More ›

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Posted on December 14, 2018
Best interests, Case comments, Cross-border, Practice and Procedure

The Skripals before the Court of Protection – more detailed analysis

The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v Yulia Skripal [2018] EWCOP 8, concerning … Read More ›

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Posted on March 27, 2018
Case comments, Comments, Cross-border

Extending the great safety net

In Al-Jeffery v Al-Jeffery (Vulnerable Adult: British Citizen) [2016] EWHC 2151 (Fam), Holman J has confirmed for the first time that the High Court can exercise its … Read More ›

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Posted on August 31, 2016
Case comments, Cross-border, Deprivation of liberty, Medical treatment, Mental Health

Mini news briefing

Cases are coming out left, right and centre at the moment, and with other commitments, it is not possible to write about them in the … Read More ›

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Posted on November 18, 2015
Case comments, Cross-border

Stress testing Schedule 3: cross border placements and the Court of Protection

A cross-post to the Court of Protection Handbook site where I discuss the important decision of Baker J handed down on 3 June about cross-border … Read More ›

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Posted on June 3, 2015

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Older posts

Recent Posts

  • Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article

    April 2, 2021
    An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
  • End of term report from the Mental Capacity Report team

    April 1, 2021
    For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
  • A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

    March 30, 2021
    It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
  • Mediation and medical cases – reflections on process and outcomes

    March 29, 2021
    In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
  • Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?

    March 26, 2021
    In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

RSS Bailii capacity cases

  • HU105522019 [2021] UKAITUR HU105522019 (29 March 2021) April 15, 2021
  • Rea v Rea & Ors [2021] EWHC 893 (Ch) (14 April 2021) April 14, 2021
  • E and F v G and H (Unapproved) [2021] IECA 108 (13 April 2021) April 14, 2021
  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021

RSS Bailii CRPD cases

  • E and F v G. and H (Unapproved) [2021] IECA 108 (13 April 2021)0
    From Irish Court of Appeal
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • Books page updated
    — The Books page has been revamped and now has cover images for all books. Please let me know if any good books are missing. You can support MHLO by purchasing the Law Society's MHT book (2013) and the Annual Review 2020. Also, please bookmark this Amazon affiliate link and use it before making any […]
  • Medication book. British National Formulary (Pharmaceutical Press, 81st edn 2021)
    — The BNF is published biannually and includes key information on the selection, prescribing, dispensing and administration of medicines.
  • MHA book. Steven Richards and Aasya Mughal, Working with the Mental Health Act (4th edition, Matrix Training 2020)
    — MHA book
  • Mental Capacity Report note. Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21)
    — There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; […]
  • Book update. Alex Ruck Keene et al, 'Court of Protection Handbook: Handbook updates' (updated 1/2/21)
    — This web page contains quarterly updates to Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019).

RSS Baillii Mental Health Act cases

  • AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
    From England and Wales High Court (Family Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
    From England and Wales High Court (Chancery Division) Decisions
  • Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Thompson v R [2018] EWCA Crim 639 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)

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