MASM v MMAM & Ors (Rev 1)
A declaration of best interests under section 16 of the Mental Capacity Act 2005, drafted in declaratory terms, cannot trigger contempt proceedings; deliberate defiance of such a declaration is not enforceable by committal for contempt.
- Parties
- Applicant: MASM; 1st Respondent: MMAM; 2nd Respondent: MM; 3rd Respondent: London Borough of Hackney; 4th Respondent: Homerton University Hospital NHS Foundation Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 29 January 2015
- Procedural Posture
- Court of Protection Proceedings / Judgment
- Outcome
- Declaration cannot be enforced by contempt; MASM responsible for costs.
- Legal Topics
- Declaratory Orders, Enforcement, Best Interests, Jurisdiction, Parens Patriae, Habitual Residence, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
MASM
Applicant
MMAM
1st Respondent
MM
2nd Respondent
London Borough of Hackney
3rd Respondent
Homerton University Hospital NHS Foundation Trust
4th Respondent
Procedural Posture
Court of Protection Proceedings / Judgment
Legal Issues
- 1 Legal status of declaratory orders in the Court of Protection
- 2 Whether deliberate defiance of a declaratory order constitutes contempt of court
Ratio Decidendi
A declaration of best interests under section 16 of the Mental Capacity Act 2005, drafted in declaratory terms, cannot trigger contempt proceedings; deliberate defiance of such a declaration is not enforceable by committal for contempt.
Court Disposition
Declaration cannot be enforced by contempt; MASM responsible for costs.
Orders
- MASM to bear costs of proceedings personally, not from MMAM's funds.
- Local Authority invited to secure MASM's removal as deputy for MMAM.
Full Case Text
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