19/01/2023
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Collaboration and working together in P’s best interests is central to all Court of Protection practice. There are, however, some circumstances where in order to secure P’s best interests, it might be appropriate to seek an injunction.
This session with John McKendrick KC from Outer Temple Chambers considered:
- When it might be appropriate for health and social care providers and commissioners to seek injunctions in the Court of Protection?
- What is the legal basis for such injunctions?
- What evidence might be required?
- What might be the issues or challenges raised in opposition?
- What are the lessons to be learnt from the key cases?
John McKendrick KC represented P’s father in the case of Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312, where the Court of Appeal considered the basis for injunctions in the Court of Protection.
