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England and Wales decisions
Decisions matching the current search
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.
PB, Re (Appeal: Best Interests: Restrictions on Contact in a Care Home) [2026] EWCOP 21 (T2) (14 May 2026)
Court of Protection appeal about best interests and contact restrictions in a care home. The court upheld supervised, limited contact to avoid jeopardising PB’s only available placement.
The test for capacity to marry under the Mental Capacity Act 2005 is status-specific, requiring the person to understand the nature of marriage generally, not the implications of marrying a particular individual. The Court of Protection should not assess capacity in relation to a specific intended spouse.
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LV lacks capacity to make decisions regarding her care and treatment due to the effects of anorexia nervosa and associated mental health conditions. The proposed intensive care admission for feeding under sedation, despite significant risks, is in her best interests as all other options have been exhausted and without intervention she faces imminent death. Expressions of a wish to die are not determinative of her best interests when considered in the context of her behaviour, family evidence, and medical opinion indicating hope and engagement with life.
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Recognition and enforcement of the 2025 Scottish Guardianship order is refused because RF was not afforded an effective opportunity to be heard, lacked independent representation, and the order provides no mechanism for regular review or access to court. These deficiencies breach Article 5 ECHR and s6(1) HRA 1998, making recognition manifestly contrary to public policy and inconsistent with mandatory provisions of English law.
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Argyll and Bute Council v RF [2025] EWCOP 12 (T3) (15 April 2025)
The Court of Protection refused recognition of a Scottish Guardianship order authorising RF’s deprivation of liberty, finding Article 5 safeguards were not met.
The court found that Patricia's condition had deteriorated since the 2023 orders, the autonomy granted by the previous order placed an impossible burden on her, and without lifting the order she could not access life-saving treatment options available to other patients. The balance of imminent risk of death versus psychological harm favoured lifting the order, allowing clinicians to determine appropriate treatment.
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EG & Anor v P [2024] EWCOP 80 (T3) (03 December 2024)
The Court of Protection held that P lacked capacity to decide whether to pay a claimed drug debt, and refused to authorise payment because it would involve criminal conduct.
It is not in Mrs VA’s best interests to continue invasive treatment (tracheostomy and PEG) as it is futile, burdensome, and offers no prospect of recovery. Extubation and palliative care, focusing on quality of life at the end of life, is in her best interests. The family’s wishes, while important, are not determinative and do not override the medical evidence and legal principles.
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Guy's And St Thomas' NHS Foundation Trust v Mrs VA & Anor [2023] EWCOP 39 (25 August 2023)
Court of Protection decision on whether further invasive treatment was in an incapacitated patient’s best interests. The court authorised extubation and palliative care.
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