Proceedings which invoked the jurisdiction of the High Court to grant declarations as to the best interests of incapacitated adults were civil proceedings to which the Civil Procedure Rules applied. Although not assigned to any division, having regard to their nature and the issues raised within them, such proceedings were more suitable for hearing in the Family Division.
Accordingly, those proceedings should be commenced, and would be determined, as follows:
(a) Permanent vegetative state cases should be issued in the principal registry of the Family Division and would be determined by the President of the Family Division or by a judge nominated by her. Interlocutory applications would be heard by the President or by the nominated judge.
(b) Other proceedings might be commenced in any registry but must be determined by a judge of the division. Interlocutory applications were to be heard by a judge of the division.
Practice Note: Declaratory proceedings: Medical and welfare decisions for adults who lack capacity ((2001) 2 FLR 158), dated May 1, 2001 and issued by the Official Solicitor, provided valuable guidance in relation to those proceedings and should be followed.
Judges:
Dame Elizabeth Butler-Sloss, President of the Family Division
Citations:
Times 04-Jan-2002, [2002] 1 WLR 325
Jurisdiction:
England and Wales
Citing:
Cited – Practice Note: Declaratory proceedings: Medical and welfare decisions for adults who lack capacity 2001
. .
Cited by:
Cited – A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another CA 24-Jan-2002
The case asked how cases involving disputes as to the care of children, and of the treatment of adults claimed to be mentally incompetent. Where the issues were solely ones of public law, then they should be heard by way of judicial review in the . .
Cited – McFaddens (A Firm) v Platford TCC 30-Jan-2009
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings.
Held: . .
Lists of cited by and citing cases may be incomplete.
Health, Family
Updated: 17 July 2022; Ref: scu.167325