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England and Wales Case Law

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Mental capacity

AR & Ors, Re

La Court of Protection a décidé que six LPAs étaient invalides, car Robert Cornford ne pouvait pas raisonnablement agir comme certificate provider et la formalité d’exécution n’était pas respectée.

  • Lasting powers of attorney
  • Certificate provider
  • Valid execution
  • Registration cancellation
  • Capacity
  • Fraud conviction
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Court of protection

Re Various Applications in respect of Direct Payments

The Court of Protection held that managing Direct Payments is not covered by standard property and affairs deputyship and requires specific mixed authority.

  • Deputyship authority
  • Direct payments
  • Property and affairs
  • Health and welfare
  • Retrospective authority
  • Supervision by public guardian
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Court of protection

AR (Whether restrictions amount to a deprivation of liberty), Re

The Court of Protection held that AR’s supported living placement was not a deprivation of liberty under Article 5 ECHR, despite substantial restrictions and supervision.

  • Capacity to decide residence, care and contact
  • Deprivation of liberty
  • Article 5 echr
  • Article 8 echr
  • Contact arrangements
  • Supported living
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Mental capacity

HDEB, Re

It is not in HDEB's best interests to appoint JB and SB as personal welfare deputies because collaborative decision-making has worked and will continue to work in his best interests, and appointment would unnecessarily infringe his autonomy. For major disagreements, the court should resolve them rather than deputies.

  • Appointment of deputies
  • Best interests
  • Autonomy
  • Collaborative decision-making
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Mental capacity

Alison Parr v Cheshire East Council & Anor

The Court of Protection granted Alison Parr personal welfare deputyship for her adult daughter Ruby and varied reporting restrictions to permit naming the family.

  • Deputyship
  • Best interests
  • Transparency orders
  • Capacity assessment
  • Personal-welfare-deputyship
  • Court-of-protection
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Civil procedure

Julie Marie Croll v The Estate of Margaret Mary Thorpe & Ors

The High Court dismissed a strike-out and summary judgment application in a probate dispute over whether a 2021 will was valid and whether earlier Court of Protection findings bound the estate.

  • Strike out
  • Summary judgment
  • Issue estoppel
  • Court of protection jurisdiction
  • Testamentary capacity
  • Validity of a will
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Probate

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors

The court upheld Jeanne MacDougall’s 2011 will and 2013 codicil, rejected a proprietary estoppel claim, and addressed capacity, undue influence, ademption, and attorney breaches.

  • Testamentary capacity
  • Knowledge and approval
  • Testamentary undue influence
  • Lifetime gifts—undue influence
  • Attorney's duties under lpa
  • Ademption
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Mental capacity [2026] EWCA Civ 640

Gardner (Deceased) (Court of Protection: Disclosure of Position Statements), Re

Gardner (Deceased) (Court of Protection: Disclosure of Position Statements), Re [2026] EWCA Civ 640 (21 May 2026)

The Court of Appeal held that Court of Protection position statements are not automatically available to non-party observers and set aside an order for disclosure.

  • Disclosure to non-parties
  • Open justice
  • Article 8 echr
  • Transparency in court of protection
  • Court records access
  • Court-of-protection
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Human rights [2026] EWCOP 20

EF v The London Borough of Hackney & Anor

EF v The London Borough of Hackney & Anor [2026] EWCOP 20 (T3) (05 May 2026)

Appeal dismissed against refusal to discharge a Court of Protection Transparency Order preserving anonymity and reporting restrictions in P’s welfare proceedings.

  • Transparency order
  • Reporting restrictions
  • Article 8 echr
  • Article 10 echr
  • Proportionality
  • Freedom of expression
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.