A (A Patient), Re (No 2)

A (A Patient), Re (No 2)

The judgment and orders should be published subject to anonymity, as this accords with Court of Protection practice and is supported by the parties. Mr Fitzgerald's procedural objections and demands for reconsideration lack merit and do not provide grounds for rescinding or amending the judgment or orders.

Source-derived case information.

Parties
Subject: A (A Patient); Applicant/respondent: Desmond Maurice Fitzgerald; Respondent: Frances Mary Theresa Hughes; Respondent: Hughes Fowler Carruthers; Respondent: C (A’s deputy)
Jurisdiction
England and Wales
Judgment Date
18 August 2016
Procedural Posture
Court of Protection / Post Judgment, Applications and Orders
Outcome
Judgment and orders authorised for publication subject to anonymity; outstanding orders finalised; no reconsideration or rescission of judgment.
Legal Topics
Publication of Judgment, Costs Orders, Civil Restraint Order, Procedure for Litigants in Person
Mental Capacity Court of Protection Costs Publication of Judgment Costs Orders Civil Restraint Order Procedure for Litigants in Person

Source-derived case record

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Parties

A (A Patient)

Subject

Desmond Maurice Fitzgerald

Applicant/respondent

Frances Mary Theresa Hughes

Respondent

Hughes Fowler Carruthers

Respondent

C (A’s deputy)

Respondent

Procedural Posture

Court of Protection / Post Judgment, Applications and Orders

Legal Issues

  1. 1 Whether the judgment should be published subject to anonymity
  2. 2 Whether further costs orders could be made after previous orders
  3. 3 Obligations of a judge to a litigant in person

Ratio Decidendi

The judgment and orders should be published subject to anonymity, as this accords with Court of Protection practice and is supported by the parties. Mr Fitzgerald's procedural objections and demands for reconsideration lack merit and do not provide grounds for rescinding or amending the judgment or orders.

Court Disposition

Judgment and orders authorised for publication subject to anonymity; outstanding orders finalised; no reconsideration or rescission of judgment.

Orders

  • Judgment and previous judgment to be published subject to prohibition on naming A or C.
  • Outstanding orders made as referred to in previous judgment.