JM v Mr and Mrs T & Ors

JM v Mr and Mrs T & Ors

ST's interests are best served by moving to Germany for care, and the English court's order is limited to arrangements until arrival in Germany, respecting the exclusive competence of German authorities thereafter.

Source-derived case information.

Parties
Claimant: JM; Defendants: Mr and Mrs T; Defendant: St Marys NHS Trust; Defendant: Westminster City Council; Defendant: ST (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
22 December 2006
Procedural Posture
Inherent Jurisdiction / Final Judgment
Outcome
Order made for ST to move to Germany for care
Legal Topics
Best Interests, Incapacitated Adult, Cross Border Care, Medical Welfare
Family Law Mental Capacity Law Best Interests Incapacitated Adult Cross Border Care Medical Welfare

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

JM

Claimant

Mr and Mrs T

Defendants

St Marys NHS Trust

Defendant

Westminster City Council

Defendant

ST (by his litigation friend the Official Solicitor)

Defendant

Procedural Posture

Inherent Jurisdiction / Final Judgment

Legal Issues

  1. 1 Whether ST's best interests are served by relocating to Germany for care
  2. 2 Whether English court should make orders affecting ST's care and residence

Ratio Decidendi

ST's interests are best served by moving to Germany for care, and the English court's order is limited to arrangements until arrival in Germany, respecting the exclusive competence of German authorities thereafter.

Court Disposition

Order made for ST to move to Germany for care

Orders

  • ST to be moved to Germany as soon as possible for medical, social, and welfare care
  • Arrangements for ST's care until arrival in Germany set out in the order