The WLR Daily case summaries
[2019] WLR(D) 604
Court of Protection
Bagguley v E
[2019] EWCOP 49
2019 Oct 18; 25
Hayden J
Mental disorder— Court of Protection— Jurisdiction— Application to authorise taking of DNA samples from incapacitous man approaching end of life to resolve paternity dispute— Whether court having jurisdiction under Mental Capacity Act 2005 grant such authorisation— Whether provisions of Family Law Reform Act 1969 on obtaining cell samples only jurisdictional route to direct scientific testing in respect of non-capacitous individual— Consideration of best interests decision— Whether decision of court under 2005 Act capable of amounting to consent for posthumous taking or holding of samples— Observations on urgent applications to Court of Protection—
Family Law Reform Act 1969 (c 46), ss 20, 21
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Human Tissue Act 2004 (c 30), s 1, Sch 4, para 2
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Mental Capacity Act 2005 (c 9), ss 15, 16