EWCOP 15 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 14 January 2022; Ref: scu.562608
 EWCOP 4 Bailii England and Wales Health Updated: 14 January 2022; Ref: scu.659234
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
DD, a 36 year old woman with Autistic Spectrum Disorder with additional low IQ, a probable history of abuse, and complex obstetric history. She was in a long term relationship with a man with lower IQ and also some autism. She had had 5 children, and the court had considered already a further sixth pregnancy. … Continue reading The Mental Health Trust and Others v DD and Another: CoP 4 Feb 2015
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
Munby J discussed the court’s inherent powers to make orders to protect the welfare of a vulnerable adult: ‘It is elementary that the court exercises its powers by reference to the incompetent adult’s best interests . . The particular form of order will, naturally, depend upon the particular circumstances of the case.’ As to the … Continue reading A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected ( res iudicata ); Violation of Art. 5-1 (placement in private clinic from 1977 to 1979); No separate issue under Arts. 5-4 and 5-5; No violation of Art. 5 (stay in private clinic in 1981); Violation of Art. 8 (placement in private clinic from 1977 … Continue reading Storck v Germany: ECHR 16 Jun 2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
The claimant had been taken under warrant to a mental hospital, but was found not to be suffering any mental illness. She complained that the arrest was unlawful, since the police officer had not been accompanied by the people named on the warrant. . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder.
Held: For mental disorder . .
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as . .
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment.
Held: The appeal failed: ‘in pawn transactions the debtor is . .
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public.
Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a . .
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the . .
The claimant had suffered catastrophic injuries, leaving her unable to breathe without artificial help. She eventually decided that she wanted to refuse treatment. The health authority took this as an indication of lack of capacity, and refused to . .
The parties had been married for 12 years, there were three children, one with special needs, and assets of over 12 million pounds. The court considered the application for ancillary relief. It was substantially agreed that the wife should receive . .
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Application by Warrington and Halton Hospitals NHS Foundation Trust for declarations and orders pursuant to the Mental Capacity Act 2005 in respect of a man who is to be known as GTI, . .
Practice – Court of Protection – Serious medical treatment – When necessary to seek court authorisation for treatment – Guidance on procedure to be followed – Mental Capacity Act 2005 (c 9), ss 5, 6, 15, 16 . .
Applications under the Mental Capacity Act 2005 for authorisations relating to the Respondents’ care plans involving, inter alia, deprivation of liberty. . .
Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under . .
The meaning of ‘prohibiting’ contact in Section 17 of the Mental Capacity Act 2005 . .
The court was asked whether or not ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford a priority to placement of an incapacitated adult in their . .
Application for an order under the Mental Capacity Act 2005 permitting the settlement of LMS’s property into a trust. . .
Applied for personal welfare orders under the Mental Capacity Act 2005 to authorise medical treatment . .
Applications for declarations and Best Interest Orders pursuant to the Mental Capacity Act 2005, relating to RY and the need for a tracheostomy. . .
‘The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (‘the Convention’), it is necessary for a welfare order to be made by the Court of Protection (‘the CoP’) pursuant to the Mental Capacity Act 2005 (‘the … Continue reading Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016
The court considered so-called Deprivation of Liberty Safeguards for several test cases of older people suffering some form of dementia. Baker J  EWCOP 49 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 27 January 2022; Ref: scu.572428
This case raises the question of whether and if so, on what basis a Court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act, 2005, rather than the Children Act, … Continue reading B (A Local Authority) v RM and Others: FD 15 Oct 2010
Peter Jackson J  EWCOP 43 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570861
Farquar HHJ  EWCOP B2 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570859
Eldergill DJ  EWCOP 40 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570858
Mark Rogers HHJ  EWCOP 41 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570857
Application to replace the deputy appointed to the affairs of the resondent. Newey J  EWHC 347 (Ch) Bailii Mental Capacity Act 2005 Agency Updated: 22 January 2022; Ref: scu.569048
District Judge Taylor  EWCOP 44 Bailii Mental Capacity Act 2005 21A England and Wales Agency Updated: 22 January 2022; Ref: scu.655041
Appeal from declaration that DP lacked capacity Mr Justice Hayden  EWCOP 45 Bailii Mental Capacity Act 2005 48 England and Wales Agency, Health Updated: 18 January 2022; Ref: scu.655040
Application by the Public Guardian to revoke lasting powers of attorney granted by P  EWCOP 65 Bailii Mental Capacity Act 2005 England and Wales Health, Agency Updated: 18 January 2022; Ref: scu.655029
Appointment of Rule 3A representative Charles J  EWCOP 16,  4 WLR 64 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 14 January 2022; Ref: scu.562611
Application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of andpound;150 each that they have made to themselves and to their sister from the donors’ funds. Lush SJ  EWCOP 84 Bailii Mental Capacity Act 2005 Agency Updated: 09 January 2022; Ref: scu.558199
Application made under section 15 of the 2005 Act for a declaration determining whether it is in the best interests of Mrs. N to receive life sustaining treatment by means of Clinically Assisted Nutrition and Hydration currently provided through a percutaneous endoscopic gastrostomy (PEG) tube. M, her daughter, strongly believes that the continuation of this … Continue reading Re N: CoP 19 Nov 2015
Lush SJ  EWCOP 63 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 04 January 2022; Ref: scu.553277
Applications for welfare orders under section 16(2)(a) authorising the deprivation of liberty that, it is common ground, is being, or will be, created by the implementation of the regime of care, supervision, control and support (the care package) upon which the welfare orders are based. Charles J  EWCOP 59 Bailii Mental Capacity Act 2005 … Continue reading Re NRA and Others: COP 25 Sep 2015
Challenge to the standard authorisation. Bellamy DJ  EWCOP 56 Bailii Mental Capacity Act 2005 21A Health, Agency Updated: 03 January 2022; Ref: scu.551769
‘two provisions in the Mental Capacity Act 2005 (‘MCA’) that seem to contradict each other. Section 16(4)(b) envisages that a deputyship appointment will be of limited duration, whereas section 19(5) facilitates an appointment that could last for decades’ Lush SJ  EWCOP 52 Bailii Mental Capacity Act 2005 16(4)(b) 19(5) Health, Agency Updated: 03 January … Continue reading Re H: CoP 5 Aug 2015
Challenge to deprivation of liberty order. Bellamy J  EWCOP 53 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 January 2022; Ref: scu.551317
Mental Health : AllThe local authority had sought an order under the 2005 Act seeking a personal welfare order on the basis that it would be in KC’s best interests for him to move to a proposed placement (the Placement) on the terms of a care plan for his care, supervision and management at that … Continue reading Secretary of State for Justice v KC and C Partnership NHS Foundation Trust: UTAA 2 Jul 2015
Application for reconsideration of an order made on the papers by an authorised court officer Lush SJ  EWCOP 43 Bailii Mental Capacity Act 2005 51(2)(d) Health Updated: 01 January 2022; Ref: scu.549561
Hilder DJ  EWCOP 36 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 30 December 2021; Ref: scu.547520
Application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as … Continue reading re HC: CoP 23 Apr 2015
The case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty, and in particular the choice of an independent mental capacity advocate. Baker J  EWCOP 5 Bailii Mental Capacity Act 2005, Mental Health … Continue reading AJ (Deprivation of Liberty Safeguards): CoP 10 Feb 2015
The local authority sought orders as to the care of L an adult with learning difficulties after a finding that he did not have capacity in respect of decisions as to where he was to live, Theis J  EWHC 3230 (Fam) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 December 2021; … Continue reading LBX v K and Others: FD 19 Jun 2013
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
Application as to QD, a man in his 60s who suffers from Dementia in Alzheimer’s disease, connected with an atypical form of Parkinson’s disease.  EWCOP 14 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 23 December 2021; Ref: scu.650606
Appeal from a decision that care workers would not commit a criminal offence under section 39 of the 2003 Act were they to make the practical arrangements for a 27 year old man to visit a sex worker in circumstances where he has capacity (within the meaning of the 2005 Act) to consent to sexual … Continue reading The Secretary of State for Justice v A Local Authority and Others: CA 22 Oct 2021
Mr Justice Ryder  EWHC 2853 (Fam) Bailii Mental Capacity Act 2005 16 18(k) England and Wales Health Updated: 21 December 2021; Ref: scu.450348
A 48 year old woman, suffering Huntington’s Disease appealed against a decision in the Court of Protection, raising two issues: (1) whether the learned judge erred in law in concluding that GW lacks capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence and (2) whether the … Continue reading GW v A Local Authority and Another: CoP 31 Jul 2014
A challenge was made to will for the alleged lack of capacity of the testatrix who was said to have Alzheimers. The executrix was said to have destroyed hidden evidence. Held: The 2005 Act had restated the law on capacity in Banks, but had shifted the burden of proof. However in this case the common … Continue reading Scammell and Another v Farmer: ChD 22 May 2008
The statutory provisions of the 2007 Act for review of standard authorisations were matters that the Court of Protection should take into account in determining whether it should make an order authorising the deprivation of P’s liberty, and if so the extent and period of such an authorisation having regard to the authorities relating to … Continue reading GJ v The Foundation Trust and Another: FD 20 Nov 2009
A, an adult and severely disabled, still had remarkable gifts. The newspapers wished to attend and report on proceedings before the Court of Protection. Held: Proceedings in the Court fell within the range of recognised exception for open justice. It was for an applicant to demonstrate good reason why the article ten rights should be … Continue reading Independent News and Media Ltd and Others v A: FD 12 Nov 2009
Roderic Wood J  EWHC 1544 (Fam) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 06 December 2021; Ref: scu.510876
Challenge to media restriction in personal welfare proceedings in the Court of Protection. Sir James Munby P  EWCOP 1361 Bailii Mental Capacity Act 2005 England and Wales Media Updated: 04 December 2021; Ref: scu.524686
Appeal by a 37 year old man, with mental and physical disabilities, against an order of the Court of Protection authorising his detention at a care home. Arden, Jackson, Fulford LJJ  EWCA Civ 561 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 December 2021; Ref: scu.525120
The court was asked whether and to what extent RBS, the son of RGS had the capacity to litigate. Eldergill DJ  EWCOP 4162 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 December 2021; Ref: scu.524739
Baker J considered the common law doctrine of necessity as it applied to the medical treatment of adults without mental capacity and the 2005 Act. Held: As to section 5: ‘These provisions do not amount to a general authority to act on behalf of P. Rather, they merely provide a defence in the event that … Continue reading G v E (Deputyship and Litigation Friend): CoP 11 Oct 2010
Application by a Local Authority for the determination of an issue as to whether a severely brain damaged man had the capacity to enter into a marriage in November 2010. Bodey J  EWCOP B29 Bailii Mental Capacity Act 2005 Family, Health Updated: 03 December 2021; Ref: scu.524738
ES’s son and daughter objected to Kent County Council’s application for the appointment of a panel deputy to manage her property and financial affairs. Lush SJ  EWHC B6,  EWCOP B6 Bailii, Bailii Mental Capacity Act 2005 England and Wales Agency, Health Updated: 03 December 2021; Ref: scu.524671
Application by a local authority (‘the authority’) in the Court of Protection in respect of the capacity of the Respondent to litigate and to make decisions in relation to her life. Keehan J  EWCOP 3485 Bailii Mental Capacity Act 2005 Sch A1 Health Updated: 03 December 2021; Ref: scu.524711
Application for execution of a statutory will to be authorised by the court pursuant to section 18(1)(i) of the Mental Capacity Act 2005. District Judge E Batten  EWCOP B39 Bailii Mental Capacity Act 2005 18(1)(I) England and Wales Wills and Probate Updated: 03 December 2021; Ref: scu.524707
Baker J  EWCOP 2322 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 December 2021; Ref: scu.524703
The court had already decided that the subject of the case had capacity for purposes of consenting to and engaging in sexual relations. The Court was now asked as to his capacity (1) to make decisions as to his contact with other people, and (2) to make decisions as to his care needs. Baker J … Continue reading A Local Authority v TZ (No 2): CoP 1 Apr 2014
Mainwaring-Taylor DJ  EWHC B34 (CoP) Bailii Mental Capacity Act 2005 Health Updated: 01 December 2021; Ref: scu.522623
Russell J  EWHC 485 (COP) Bailii Mental Capacity Act 2005 Health Updated: 01 December 2021; Ref: scu.522619
Eldergill DJ  EWHC B12 (COP) Bailii Mental Capacity Act 2005 Health Updated: 01 December 2021; Ref: scu.522616
LRA Family Law Act 1996 – home rights notice – meaning and effect of ‘intention’ in statute – Applicant’s evidence – property never occupied as a matrimonial home – whether husband ever had entitlement to occupy by virtue of a beneficial estate or interest or application – application opposed by Applicant’s husband’s trustee in bankruptcy … Continue reading Ellis-Carr v Levy (Home Rights : Requirements To Establish Interest): LRA 19 Nov 2013
The court considered the capacity of JB to consent to medical treatment. Peter Jackson J  EWHC 342 (COP) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 30 November 2021; Ref: scu.521517
Application by the Public Guardian to revoke and direct the cancellation of the registration of a Lasting Power of Attorney. Lush SJ  EWHC B4 (COP) Bailii Mental Capacity Act 2005 22(4)(b) Agency, Health Updated: 29 November 2021; Ref: scu.521132
The defendant executor appealed from summary judgment in favour of the claimant in respect of outstanding care home fees. Andrews DBE J  EWHC 77 (QB),  PTSR 888,  WLR(D) 42 Bailii, WLRD Mental Capacity Act 2005, National Assistance Act 1948, National Health Service and Community Care Act 1990 England and Wales Contract, Health, … Continue reading Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014
The claimant accountants had represented the defendant in a dispute with former employees. They sought payment of their costs, but the claim was stayed until the defendant had the opportunity to to seek representation by a MacKenzie friend after the taxing master became concerned for her health and as to her ability to conduct proceedings. … Continue reading Baker Tilly (A Firm) v Makar: QBD 27 Mar 2013
Application for permission to appeal against a decision of dismissing the Appellant’s application under section 21A 2005 Act challenging the lawfulness of a Standard Authorisation made under Schedule A1 of the MCA authorizing the deprivation of his son’s, the first respondent’s liberty. Moses, Black, Gloster LJJ  EWCA Civ 1661,  1 WLR 3773 Bailii … Continue reading TAQ v AA: CA 19 Dec 2013
The LA sought a declaration as to JB’s lack of capacity to consent to sexual relations. Lord Briggs, Lady Arden, Lord Burrows, Lord Stephens, Lady Rose  UKSC 52 Bailii, Bailii Press Summary, Bailii Issues and Facts Mental Capacity Act 2005 England and Wales Citing: Appeal from – A Local Authority v JB CA 11-Jun-2020 … Continue reading A Local Authority v JB: SC 24 Nov 2021
The trust sought a declaration as regards its treatment of Dr A, a resident patient who had begun a hunger strike. The trust sought a declaration as to his capacity and possible compulsory feeding. Baker J  EWHC 2442 (COP) Bailii Mental Capacity Act 2005 Health, Agency Updated: 25 November 2021; Ref: scu.517571
The LA sought a declaration as to the capacity of JB to consent to sexual relations. Sir Andrew McFarlane P, Singh, Baker LJJ  EWCA Civ 735,  WLR(D) 336,  3 WLR 1014, (2020) 23 CCL Rep 449,  COPLR 550,  Fam 37,  1 All ER 1103, (2020) 175 BMLR 52,  … Continue reading A Local Authority v JB: CA 11 Jun 2020
The protected person’s deputy sought authority for making a statutory will for her. An earlier Enduring Power had been found to be a forgery, and a later will was also doubted. The deputy had been appointed. A statutory will had been refused because the master said one was appropriate only where no will existed, and … Continue reading In Re D (Statutory Will); VAC v JAD and Others: ChD 16 Aug 2010
hsen_paCoP201506 The HSE sought orders under s.63 of and Schedule 3 to the 2005 Act recognising and enforcing orders by the Irish High Court for the detention of three young persons (‘PA’, ‘PB’, and ‘PC’) at a special unit known in Northampton. Held: On an application to for confirmation of a compulsory psychiatric placement under … Continue reading The Health Service Executive of Ireland v PA and Others: CoP 3 Jun 2015
(Court of Protection) The court was asked whether, if P could be found to lack mental capacity where he should live, where there was an essential conflict between representatives of the State who owe statutory duties to P on the one hand, and the view of his carer of 18-plus years standing on the other, … Continue reading A Primary Care Trust v P and Others: Misc 21 Dec 2009
Jurisdiction of the Court of Protection PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An interim guardianship order had been made … Continue reading JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction): CoP 13 Dec 2013
re_mjtCoP0414 The court had made an order transferring responsibility for MRJ’s affairs from the appointed attorney to the local authority. The order had been made on the papers, and the court now heard an application for it to be reconsidered. Held: The orders made were confirmed. The court recognised that the interference in a person’s … Continue reading Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014
Lack of Capacity – Effect on Proceedings The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the proceedings for her)? Second, what … Continue reading Dunhill v Burgin: SC 12 Mar 2014
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010