B v D

B v D

Given D's mother's strong views in favour of stem cell treatment and the novel, complex issues in the case, she may not be able to act with the required degree of competence and fairness as litigation friend. The Official Solicitor is therefore invited to act as litigation friend for D.

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 / 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, Deprivation of Liberty, Medical Treatment Consent
Mental Capacity Law Health Law Family Law Litigation Friend Appointment Best Interests Deprivation of Liberty Medical Treatment Consent

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Parties

B

Applicant

D

Respondent

Ministry of Defence

Respondent

Official Solicitor

Litigation Friend (appointed)

Procedural Posture

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

Legal Issues

  1. 1 Whether D's mother is an appropriate litigation friend for D
  2. 2 Whether the Official Solicitor should be appointed as litigation friend

Ratio Decidendi

Given D's mother's strong views in favour of stem cell treatment and the novel, complex issues in the case, she may not be able to act with the required degree of competence and fairness as litigation friend. The Official Solicitor is therefore invited to act as litigation friend for D.

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.