The case of Neath Port Talbot County Borough Council v CK & Ors [2025] EWCOP 47 (T3) is the sequel… Read more
Tag: cross-border
Habitual residence, moving jurisdictions and ‘lawful authority’
In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Cross border mental capacity frameworks: new joint information note from the Law Societies of Scotland and England & Wales
In a coincidence of timing (both projects having been started and running independently, albeit with two common joint participants [fn]),… Read more
Cross-border capacity cases within the UK: a new judicial protocol and handbook
A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases… Read more
Does the Court of Protection have jurisdiction over children? Answer yes – up to a point (even when they have moved abroad)
In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple… 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
Distributed rights protection: The 2000 Hague Convention on the International Protection of Adults and the challenge of securing fundamental rights across borders
In an article published in September 2023 in the International Journal of Law and Psychiatry, my colleague in Chambers, Chiara… 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