court of protection – Charles Cooper

Stockport Met BC v. EKK [2025] EWCOP 42

Distinguishing the decision of the Supreme Court in A Local Authority v. JB [2021] UKSC 52 as to capacity to engage in sexual relations, the Court finds: ‘The approach set out in Sheffield [City Council v. E [2004] EWHC 2808, pre MCA 2005] and developed thereafter enables the right balance between the protection of the incapacitous and a restriction on…
Read more: Stockport Met BC v. EKK [2025] EWCOP 42
A London NHS Trust v. DT [2025] EWCOP 36

Prior to the diagnosis of death through the 2025 Code [of Practice for the Diagnosis and Confirmation of Death] the individual concerned Is not dead as a matter of law – MCA 2005 applies and consequently in the absence of agreement for brain stem testing to be carried out, or the arrangements for them, an application…
Read more: A London NHS Trust v. DT [2025] EWCOP 36
Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896

‘The judge made an error of law in regarding the absence of belief…’ in a diagnosis or prognosis ‘…as determinative of the functional test…’ in s.3(1) MCA 2005, ‘…an error made through no fault of her own given that she was applying the test as set out by Munby J in Re MM [2007] EWHC…
Read more: Hemachandran v. Thirumalesh (dec’d) [2024] EWCA Civ 896

Charles Cooper | Barrister