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 Sergei Skripa and his daughter Yulia and, specifically, whether it was in their best interests for the Organisation for the Prohibition of Chemical Weapons to: (1) Collect fresh blood samples […]
Posts tagged 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 inherent protective jurisdiction over a vulnerable British adult on the basis of their nationality, even if they are not habitually resident in England and Wales. The case, which was the […]
BIICL Event on the International Prot...
I am delighted to announce that the British Institute of International and Comparative Law will be hosting an event on 11 February entitled International Protection of Adults – the Current Legal Framework Under Scrutiny. At this event, which I am chairing, leading practitioners (and co-authors with me of the book on the subject recently published […]
Stress testing Schedule 3: cross bord...
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 placements of adults with impairments (nb, you need to read the post to see why I don’t say ‘adults without capacity…).
Singapore, the MCAs and undue influen...
The Court of Appeal in Singapore in Re BKR [2015] SGCA 26 has handed down a decision that exemplifies the importance and utility of a comparative approach to mental capacity law. This case, brought to my attention by Terence Seah of Virtus Law and David Lock QC of Landmark Chambers, sheds very interesting light upon […]
International Protection of Adults &#...
For all those with an interest in cross-border and comparative capacity issues, I’m delighted to announce that The International Protection of Adults, the book that I have been working on for several years with Richard Frimston, Adrian Ward and Claire van Overdijk, has now finally been published by OUP. The introduction is available here, and a paper summarising […]
All change in the ordinary residence ...
R (Cornwall Council) v SoS for Health & Ors [2014] EWCA Civ 12 (Court of Appeal (Elias, Lewison and Floyd LJJ)) Summary This very important decision of the Court of Appeal overturns the decision of Beatson J that we reported upon in December 2012 and will require the Department of Health to revisit its guidance […]
Is notification of foreign nationals ...
Re E (A Child) [2014] EWHC 6 (Fam) (Sir James Munby P) Summary I note this case arising under Council Regulation 2201/2003 (‘Brussels IIR’) because of the suggestions made by the President at the end of his judgment about practice points that arise in relation to cross-border cases involving incapacitated adults. In passing, however, I would […]
