The court considered how the court should exercise any jurisdiction to make declarations.
Held: The House (Lord Dunedin) referred, with approval, to the approach taken by the Scottish Courts, identifying three propositions, namely that the . .
References: [2016] EWCOP 48, [2016] WLR(D) 634 Links: Bailii, WLRD Coram: Charles J Ratio: The Court considered whether the disagreement about whether it was in the best interests of Mr B for him to be given clinically assisted nutrition and hydration, was one which could be determined Statutes: Mental Capacity Act 2005 Jurisdiction: England and … Continue reading Briggs v Briggs and Others: CoP 24 Nov 2016
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to . .
References: [2015] EWCOP 59 Links: Bailii Coram: Charles J 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. Statutes: … Continue reading Re NRA and Others; COP 25 Sep 2015
References: [2015] EWCOP 43 Links: Bailii Coram: Lush SJ Application for reconsideration of an order made on the papers by an authorised court officer Statutes: Mental Capacity Act 2005 51(2)(d)
References: [2013] EWHC 242 (COP) Links: Bailii Coram: Cobb J K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently sexually … Continue reading A Local Authority v K; COP 15 Feb 2013
Links: Judiciary Coram: Mostyn J The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous … Continue reading In re AA; COP 23 Aug 2012
References: [1977] 1 WLR 1262 Coram: Oliver J A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to … Continue reading Radford v De Froberville; 2 Jan 1977
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