(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
[2019] EWCOP 3
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 11/06/2019
Before :
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