The WLR Daily case summaries
[2021] WLR(D) 215
Court of Appeal
In re P (Court of Protection: Discharge of Party)
[2021] EWCA Civ 512
2021 March 9; April 16
Peter Jackson, Baker, Warby LJJ
Mental disorder— Court of Protection— Jurisdiction— Discharge of party from proceedings— Mother party to proceedings in Court of Protection concerning vulnerable daughter— Parties disclosing evidence to court without notice to mother— Court of Protection discharging mother from proceedings on own initiative— Mother given no notice of order or of evidence for decision and no opportunity to make representations— Whether court having jurisdiction to discharge party without notice— Whether court should consider alternative procedures to protect daughter’s best interests whilst limiting infringement of mother’s rights—
Mental Capacity Act 2005
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Court of Protection Rules 2017
Mental disorder— Court of Protection— Closed hearings— Whether special advocate procedure appropriate