Court of Protection and Community Care Law Team Bulletin

On 20th March 2013, the case of CYC v PC & NC [2012] COPLR 670, in which Jonathan Butler represented NC (instructed by Francesca Gardner, Switalskis Solicitors LLP) and where Hedley J determined that PC did not have capacity to make a decision to resume married life with PC, was heard on appeal. The appeal was concerned with the controversial topic of whether the capacity to make a decision (in this instance principally in relation to marriage) was subject matter or person specific, and whether capacity to cohabit forms part of the decision to marry. Jonathan Butler was again instructed by Switalskis, with Eliza Sharron as junior (acting pro bono for NC). Both the Official Solicitor and NC were appealing against the decision of Hedley J, who had held that the test was person specific.

The Court has reserved its judgment on the issue. When judgment is given, this will be another landmark case within the jurisdiction of the Court of Protection. As soon as the decision is known, it will be distributed to all those on the emailing list for Deans Court Chambers.