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B v A Local Authority [2019] EWCA Civ 913

Jun 27, 2019, 10:54 AM
Public law – Local authority applied for declarations that woman lacked capacity – High Court found she lacked capacity in some aspects but retained capacity to make decisions regarding her residence – Official Solicitor appealed and Local authority cross-appealed.
The Court of Appeal allowed the local authority’s appeal and dismissed the Official Solicitor’s appeal.
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Date : Jun 26, 2019, 23:00 PM
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(Court of Appeal, The Master of the Rolls, King and Leggatt LJJ, 11 June 2019)

Public law – Local authority applied for declarations that woman lacked capacity – High Court found she lacked capacity in some aspects but retained capacity to make decisions regarding her residence – Official Solicitor appealed and Local authority cross-appealed.

The Court of Appeal allowed the local authority’s appeal and dismissed the Official Solicitor’s appeal.

 


 

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Neutral Citation Number: [2019] EWCA Civ 913

Case No: B4/2019/0679
B4/2019/0680

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE COURT OF PROTECTION
Cobb J

[2019] EWCOP 3

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 11/06/2019

Before :

THE MASTER OF THE ROLLS
LADY JUSTICE KING and

LORD JUSTICE LEGGATT

- - - - - - - - - - - - - - - - - - - - -

Between :

B (by her litigation friend, the Official Solicitor)

- and -

A LOCAL AUTHORITY

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Sam Karim QC and Francesca Gardner (instructed by MJC Law) for B
David Lock QC and Simon Garlick (instructed by Legal and Democratic Services) for the Local Authority

Hearing dates : 14 & 15 May 2019

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

 

Judgment: B v A Local Authority [2019] EWCA Civ 913

 

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