Re C (Mental Patient: Contact)

JurisdictionEngland & Wales
Judgment Date1993
Year1993
Date1993
CourtFamily Division
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16 cases
  • Cambridgeshire County Council v R (an Adult)
    • United Kingdom
    • Family Division
    • Invalid date
    ...Jurisdiction – adult patient being accommodated by local authority – local authority seeking declarations to prevent patient's ... applied for declarations that they might lawfully prevent the patient's family from having contact with her without the local authority's consent, from removing or attempting to remove her from her ... The patient had recently been assessed as having an IQ of 76 and a mental age of 13 and as being very vulnerable. The Official Solicitor acted as her guardian ad litem by ... ...
  • Re F (Mental Health Act:Guardianship)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 September 1999
    ...to make a best interest declaration in respect of an adult patient. Mr Pleming has quite rightly referred to the decisions in Re C (Mental Patient: Contact) [1993] 1 FLR 940 and Cambridgeshire County Council v R (An Adult) [1995] 1 FLR 50. In the later case Hale J drew attention to the limi......
  • Re L (Vulnerable Adults with Capacity: Court's Jurisdiction) (No 2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 March 2012
    ...of his conclusion. In order to illustrate the point, regard can be had to paragraphs 55 to 64 in Re SA: 55. A few months before Re C (Mental Patient: Contact) [1993] 1 FLR 940, the Court of Appeal had made it clear in In Re T (Adult: Refusal of Treatment) [1993] Fam 95, that the court has j......
  • Re TF (an Adult: Residence)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 June 2000
    ...at page 18: 60"Collectively, these cases appear to constitute the development of a new advisory declaratory jurisdiction." 61In re C (Mental Patient: Contact) [1993] 1 F.L.R. 940, one of the cases referred to by Sir Thomas, there was a dispute between the parents of an adult mentally incap......
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2 books & journal articles
  • Executive Power — New Wine in Old Bottles? Foreword
    • United Kingdom
    • Sage Federal Law Review No. 31-3, September 2003
    • 1 September 2003
    ...have increased dramatically in the last five years. 27 See, eg, Barratt v Howard (2000) 96 FCR 428; Brown v West (1990) 169 CLR 195. 28 [1993] 1 FLR 940. 29 In practice, the Court avoided a jurisdictional glitch through a combination of its inherent jurisdiction and/or its statutory jurisdi......
  • Mental incapacity and declaratory relief
    • United Kingdom
    • Emerald The Journal of Adult Protection No. 6-1, April 2004
    • 1 April 2004
    ...hasdeveloped.An early decision demonstrated use ofdeclaratory relief beyond a medical context.In Re C (Mental Patient: Contact) [1993] 1FLR 940, an injunction was granted to ensurethat an adult could enjoy freedom of contactwith an estranged parent. This was followedby Re S (Hospital Patien......

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