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Northern Ireland Case Law

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Family law

In the Matter of AW

The court set out a checklist for deciding whether a patient’s compensation award should be invested out of court via an Enduring Power of Attorney.

  • Capacity to manage property and affairs
  • Enduring power of attorney
  • Investment of compensation funds
  • Controller appointments
  • Court supervision of attorney accounts
  • Capacity-to-manage-property-and-affairs
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Mental capacity law [2026] NIFam 9

JG, Re Application To Register An Enduring Power Of Attorney

JG, Re Application To Register An Enduring Power Of Attorney [2026] NIFam 9 (13 April 2026)

The High Court of Northern Ireland allowed an appeal, holding JG had capacity to execute an enduring power of attorney and that registration did not require a best interests test.

  • Enduring power of attorney
  • Capacity to execute legal instruments
  • Management of damages awards
  • Court oversight of protected persons' funds
  • Enduring-power-of-attorney
  • Capacity-to-execute
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Mental capacity [2024] NICA 76

AB v Watson & Anor (In the Matter of a Patient)

AB v Watson & Anor (In the Matter of a Patient) [2024] NICA 76 (29 November 2024)

The Court of Appeal in Northern Ireland dismissed AB’s appeal against refusal to reinstate him as attorney for his mother, finding his spending was not justified under the EPA.

  • Enduring power of attorney
  • Fiduciary duties
  • Statutory interpretation
  • Mental incapacity
  • Removal of attorney
  • Court-appointed controller
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Mental capacity law [2024] NIFam 7

AB v Watson & Anor

AB v Watson & Anor [2024] NIFam 7 (19 July 2024)

The High Court dismissed AB’s appeal against refusal to reinstate him as attorney for his mother, holding he remained unsuitable after misuse of her funds.

  • Enduring power of attorney
  • Attorney's fiduciary duties
  • Removal and reinstatement of attorney
  • Capacity of donor
  • Court's power to appoint controller
  • Interpretation of statutory authority for gifts
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Family law [2021] NIFam 40

A Son v A Daughter

A Son v A Daughter [2021] NIFam 40 (30 September 2021)

The High Court upheld a Master’s post-registration directions on an enduring power of attorney, holding an emailed objection had to be treated as an application to cancel registration.

  • Enduring power of attorney
  • Registration objections
  • Court powers post-registration
  • Costs orders
  • Enduring-power-of-attorney
  • Registration-objections
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Family law [2017] NIFam 3

NS (No 2) (Enduring Power of Attorney: Inherent Jurisdiction)

NS (No 2) (Enduring Power of Attorney: Inherent Jurisdiction) [2017] NIFam 3 (10 February 2017)

The court dismissed an EPA appeal and granted declaratory relief allowing NS to remain in residential care, with annual review safeguards.

  • Enduring power of attorney
  • Inherent jurisdiction
  • Best interests
  • Deprivation of liberty
  • Capacity assessment
  • Declaratory relief
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Family law [2016] NIFam 9

NS (Inherent jurisdiction: patient: liberty: medical treatment)

NS (Inherent jurisdiction: patient: liberty: medical treatment) [2016] NIFam 9 (14 October 2016)

The High Court held that an elderly woman lacked capacity to decide on residence and treatment, approved ongoing deprivation of liberty safeguards, and let the existing care order stand.

  • Inherent jurisdiction
  • Deprivation of liberty
  • Medical treatment of incapacitated adults
  • Best interests
  • Capacity assessment
  • Enduring power of attorney
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About this LexChat collection

Northern Ireland 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.