| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 211 (Mar) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Maurice Kay VP, McFarlane and Davis LJJ |
| Representation | Paul Bowen and Alison Pickup for the authority. |
| Nathalie Lieven QC and Alex Durance for the defendant. | |
| Judgment Dates: | 28 March 2012 |
Catchwords
High Court - Jurisdiction - Inherent jurisdiction - Circumstances in which exercisable - Local authority having concerns that defendant son exercising undue influence and duress over elderly parents - Authority accepting that parents not lacking capacity by reason of impairment or disturbance in functioning of mind or brain - Local authority commencing proceedings - High Court exercising inherent jurisdiction in respect of parents - Defendant appealing - Whether High Court having power to exercise inherent jurisdiction regarding vulnerable adults where adults not lacking mental capacity - European Convention on Human Rights, art 8.
The Case
High Court Jurisdiction. The Court of Appeal, Civil Division, dismissed the defendant's appeal and held that the High Court did have inherent jurisdiction to hear cases involving vulnerable adults where the was not engaged.
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