G, Re (Court of Protection: Injunction) [2022] EWCA Civ 1312 (11 October 2022)

G, Re (Court of Protection: Injunction) [2022] EWCA Civ 1312 (11 October 2022)

The Court of Protection may grant injunctions to give effect to its orders under s.16(2)(a) MCA 2005, but the correct legal test is whether it is 'just and convenient' as per s.37 SCA 1981, interpreted in accordance with equitable principles as clarified in Convoy Collateral Ltd v Broad Idea International Ltd. The judge's grounds for granting the injunctions in this case satisfied that test, as G had an interest meriting protection (the implementation of her placement) and the injunctions were justified to ensure the effectiveness of the Court's prior order.

Citation
[2022] EWCA Civ 1312
Parties
First Appellant: LF (father); Second Appellant: M (mother); Third Appellant: N (grandmother); First Respondent: NHS Trust; Second Respondent: Integrated Care Board (ICB); Third Respondent: G (by her litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
11 October 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Court of Protection
Outcome
Appeals dismissed
Legal Topics
Court of Protection Powers, Injunctive Relief, Best Interests, Statutory Interpretation, Enforcement of Court Orders
Mental Capacity Injunctions Health Law Family Law Court of Protection Powers Injunctive Relief Best Interests Statutory Interpretation +1 more

Case Brief

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Parties

LF (father)

First Appellant

M (mother)

Second Appellant

N (grandmother)

Third Appellant

NHS Trust

First Respondent

Integrated Care Board (ICB)

Second Respondent

G (by her litigation friend, the Official Solicitor)

Third Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Court of Protection

Legal Issues

  1. 1 What is the correct legal test for granting injunctions in the Court of Protection?
  2. 2 Does s.16(5) of the Mental Capacity Act 2005 confer a free-standing power to grant injunctions?
  3. 3 Is the 'just and convenient' test from s.37 Senior Courts Act 1981 applicable?

Ratio Decidendi

The Court of Protection may grant injunctions to give effect to its orders under s.16(2)(a) MCA 2005, but the correct legal test is whether it is 'just and convenient' as per s.37 SCA 1981, interpreted in accordance with equitable principles as clarified in Convoy Collateral Ltd v Broad Idea International Ltd. The judge's grounds for granting the injunctions in this case satisfied that test, as G had an interest meriting protection (the implementation of her placement) and the injunctions were justified to ensure the effectiveness of the Court's prior order.

Court Disposition

Appeals dismissed

Orders

  • The appeals of the father, mother, and grandmother against the injunctions are dismissed.
  • The injunctions remain in force as ordered by the Court of Protection.