B v D [2016] EWCOP 67 (1 September 2016)

Given the mother's strong commitment to a particular outcome regarding stem cell treatment, and the need for fairness and competence in complex, novel proceedings, the court determined it is appropriate to invite the Official Solicitor to act as litigation friend for D.

Citation: [2016] EWCOP 67
Parties: Applicant: B; Respondent: D; Respondent: Ministry of Defence; Litigation Friend (appointed): Official Solicitor
Jurisdiction: England and Wales
Judgment Date: 01 September 2016
Procedural Posture: Court of Protection Mental Capacity Act 2005 / Preliminary Directions on Appointment of Litigation Friend
Outcome: Official Solicitor invited to act as litigation friend for D; D's mother not appointed as litigation friend.
Legal Topics: Litigation Friend Appointment, Best Interests Decision Making, Deprivation of Liberty, Medical Treatment Consent

Mental Capacity Law Health Law Public Law Litigation Friend Appointment Best Interests Decision Making Deprivation of Liberty Medical Treatment Consent

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Parties

Applicant

Respondent

Ministry of Defence

Respondent

Official Solicitor

Litigation Friend (appointed)

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Preliminary Directions on Appointment of Litigation Friend

Legal Issues

1 Whether D's mother is an appropriate litigation friend for D in proceedings concerning proposed stem cell treatment abroad
2 Whether the Official Solicitor should be appointed as litigation friend

Ratio Decidendi

Court Disposition

Official Solicitor invited to act as litigation friend for D; D's mother not appointed as litigation friend.

Orders

Official Solicitor to act as litigation friend for D in these proceedings.
D's mother to remain a party to the proceedings.