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Jersey Case Law

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Mental capacity law [2022] JRC 008

In the matter of J (Capacity)

In the matter of J (Capacity) [2022] JRC 008 (13 January 2022)

The Jersey Royal Court appointed Advocate Rui Tremoceiro as delegate for J’s property and affairs, rejecting J’s brother L because of conflict and J’s earlier wishes.

  • Appointment of delegate
  • Conflict of interest
  • Best interests of incapacitated person
  • Professional vs family delegate
  • Mental-capacity-law
  • Delegate-appointment
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Mental capacity law [2021] JRC 150

In the matter of P (Capacity) 21-May-2021

In the matter of P (Capacity) 21-May-2021 [2021] JRC 150 (21 May 2021)

The Royal Court appointed a public servant as delegate for an incapacitated man, finding no conflict of interest and limiting the role to regularising his affairs.

  • Appointment of delegate
  • Conflict of interest
  • Scope of delegate's authority
  • Discharge of delegate
  • Mental-capacity-law
  • Appointment-of-delegate
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Mental capacity law [2021] JRC 051

Representation of C (Capacity) 24-Feb-2021

Representation of C (Capacity) 24-Feb-2021 [2021] JRC 051 (24 February 2021)

The Royal Court of Jersey held that C lacked capacity to decide about a légitime claim and trust matters, and appointed a delegate for six months.

  • Appointment of delegate
  • Capacity assessment
  • LĂ©gitime claim
  • Trust administration
  • Best interests determination
  • Capacity-assessment
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Mental capacity [2021] JCA 011

Minister for Health and Social Services v B and Ors (Capacity) 22-Jan-2021

Minister for Health and Social Services v B and Ors (Capacity) 22-Jan-2021 [2021] JCA 011 (22 January 2021)

The Court of Appeal dismissed the Minister’s appeal, upheld the appointment of the father as delegate with revised restrictions, and held no Article 57 order was needed.

  • Appointment of delegate
  • Restriction of liberty
  • Best interests
  • Independent capacity advocate
  • Deprivation of liberty
  • European convention on human rights
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Mental capacity [2020] JCA 147B

AB v AG (Capacity)

AB v AG (Capacity) [2020] JCA 147B (30 July 2020)

Appeal dismissed. The Court of Appeal upheld the Royal Court’s appointment of CD as sole delegate for X’s property and affairs, finding no bias or unfairness.

  • Appointment of delegate
  • Best interests
  • Parens patriae jurisdiction
  • Bias
  • Fair hearing
  • Mental-capacity
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Mental capacity law [2019] JRC 075

In the matter of Q

In the matter of Q [2019] JRC 075 (02 May 2019)

The Royal Court of Jersey dismissed an application for costs against the Solicitor General after a delegate-appointment application was withdrawn.

  • Costs
  • Appointment of delegate
  • Jurisdiction
  • Public interest
  • Appointment-of-delegate
  • Mental-capacity
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Jersey 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.