Public Law Blog

May 22, 2017 The role and limited powers of the Court of Protection

Sarah Salmon considers the Supreme Court judgment in N v A Clinical Commissioning Group and others [2017] UKSC 22; [2017] 2 WLR 1011, a case described from the outset to be about the “jurisdiction” of the Court of Protection. It was, in fact, as Lady Hale noted, unfortunate that the case had been put this way: it was about the role of the Court of Protection and the approach that should be taken in light of its limited powers.

May 2, 2017 Alistair Cantor considers MR v SR, a case which serves as a cautious reminder that the general rule that parties bear their own costs in Court of Protection proceedings, can be displaced in cases of unreasonable conduct.

MR v SR (application for costs) [2016] EWCOP 54: CCG suffers costs order in COP proceedings on grounds of unreasonable conduct M, the daughter of N, a 68-year-old female, brought proceedings under s15 of the Mental Capacity Act 2005 for a declaration that it was not in N’s best interests to continue to receive life-sustaining […]

October 26, 2016 Anita Rao considers the case of C, T, M and U v London Borough of Southwark (Coram’s Children Centre intervening) and the Court’s views of the proper approach to be taken in calculating financial support under section 17 of the Children Act 1989

The appeal before the Court arose out of judicial review proceedings brought by C, in her own capacity and as litigation friend for her children, T, M and U, against several decisions taken by the London Borough of Southwark (“Southwark”) to grant the family varying levels of financial support pursuant to section 17 of the Children Act 1989 (“the 1989 Act”).