Tag: mental health
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Capacity, Contempt, and Custody: What Lawyers Need to Know from DCC v Grundy
The Court of Protection rarely exercises its power to commit individuals to prison for contempt. However, the recent case of Derbyshire County Council v James Grundy (DCC v Grundy) sets a striking precedent, demonstrating the court’s willingness to enforce its injunctions where continued non-compliance endangers a protected party (P). This case highlights the complex interplay…
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Managing a Deputyship When P Moves Abroad: Lessons from Irwin Mitchell Trust Corporation Ltd v KS
When an individual under a Court of Protection deputyship moves abroad, deputies may assume that their role automatically ends, or that managing P’s assets from England will become impossible. However, the recent decision in Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 provides much-needed clarity on when and how the Court…
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Navigating Trusts in Deputyships: Lessons from Nilsson v Cynberg on Express and Constructive Trusts
In the recent case of Nilsson v Cynberg (2024 EWHC 2164 Ch), the High Court addressed a question of increasing relevance for those of us managing property and finances under Court of Protection orders: how can informal agreements, particularly those related to property ownership, coexist with or override formal express declarations of trust? For…
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Key Considerations for Court of Protection Injunctions
Injunctions are a powerful tool within the Court of Protection’s arsenal, used to prevent actions that may jeopardise the well-being of those who are unable to protect themselves due to a lack of mental capacity. However, the use of such injunctions must be carefully balanced against the rights of those subject to the orders. The…
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From Classroom to Courtroom: The Evolution of Gender Identity Rights in the UK
In a recent case the Court of Protection navigates the complex waters of family law, gender identity, and youth autonomy, the story of EE, a 17-year-old non-binary individual, has captured significant attention. This case, set against the backdrop of evolving societal norms and legal frameworks, sheds light on the challenges young people face in asserting…
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New Legislation Alert: The Impact of the Power of Attorney Act 2023
In a significant legal development, the UK has reformed its Lasting Powers of Attorney (LPAs) with far-reaching amendments. After a detailed public consultation and subsequent Royal Assent granted on 18 September 2023, the new Power of Attorney Act is now law. This change marks the culmination of a lengthy process designed to modernise and make…
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Who Decides? Revisiting Decision-Making Authority in Mental Health Following Manchester NHS Trust v JS
Navigating the intricate relationship between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) is fraught with complexity. The recent case of Manchester University Hospitals NHS Foundation Trust v JS & Anor offers vital insight into how these pieces of legislation intersect. This blog post aims to dissect the case and…
Jessica Jarvis 