Source: All England Reporter
Publisher Citation: [2013] All ER (D) 12 (Jul)
Court: Court of Protection

Mr Justice Bodey

Representation Victoria Butler-Cole for the authority.
  Paul Rose QC for CK.
  Robert Sherman for JK.
  Joseph O'Brien for the Official Solicitor.
Judgment Dates: 24 May 2013


Mental health - Persons who lack capacity - Principles - Best interests - Patient, SK, being mentally incapacitated adult aged 56 - SK being cared for in specialist unit - Parties agreeing SK could not remain in unit - SK due to receive damages in proceedings in Queen's Bench Division - Whether court should make final or interim order in respect of SK's accommodation.

The Case

Mental health Persons who lack capacity. The Court of Protection found that it was in the best interests of the patient, SK, to reside at 'Unit C'. Consideration was given to whether the court should make an interim order so as not to prejudice the quantification of damages in personal injury proceedings in the Queen's Bench Division. The court held, inter alia, that the costs of the Court of Protection proceedings had been colossal and ought to be brought to an end, if possible.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.