MC & Anor v A CCG & Anor [2022] EWCOP 20 (20 May 2022)

MC & Anor v A CCG & Anor [2022] EWCOP 20 (20 May 2022)

The appeal cannot be determined without further evidence on the effect of DC's recent Covid-19 infection, the necessity and number of vaccinations post-infection, and the impact on his best interests; the first instance decision was unimpeachable but for the intervening infection.

Source-derived case information.

Citation
[2022] EWCOP 20
Parties
Appellant: MC; Appellant: AC; First Respondent: A CCG; Second Respondent: DC (by his litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
20 May 2022
Procedural Posture
Court of Protection Appeal / Appeal From First Instance Judgment, Adjourned for Further Evidence
Outcome
Appeal adjourned for further evidence
Legal Topics
Covid 19 Vaccination, Best Interests, Mental Incapacity, Medical Treatment, Delay in Proceedings
Mental Capacity Law Health Law Public Health Law Covid 19 Vaccination Best Interests Mental Incapacity Medical Treatment Delay in Proceedings

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Parties

MC

Appellant

AC

Appellant

A CCG

First Respondent

DC (by his litigation friend, the Official Solicitor)

Second Respondent

Procedural Posture

Court of Protection Appeal / Appeal From First Instance Judgment, Adjourned for Further Evidence

Legal Issues

  1. 1 Whether it is in DC's best interests to be vaccinated against Covid-19 after natural infection
  2. 2 Whether the first instance judge erred in approach to evidence and balancing risks
  3. 3 Whether further expert evidence is required post-infection

Ratio Decidendi

The appeal cannot be determined without further evidence on the effect of DC's recent Covid-19 infection, the necessity and number of vaccinations post-infection, and the impact on his best interests; the first instance decision was unimpeachable but for the intervening infection.

Court Disposition

Appeal adjourned for further evidence

Orders

  • Further evidence to be obtained on number and necessity of vaccinations post-infection, impact of Omicron variant, and effect on DC's immunity.
  • Appeal to be listed for further hearing after evidence is gathered.