03 July 2015
Re X (Court of Protection Practice) [2015] EWCA Civ 599, [2015] All ER (D) 188 (Jun)
The President of the Court of Protection had given two judgments in an attempt to streamline processes in that court in circumstances where deprivation of liberty applications were made. The Court of Appeal, Civil Division, held that the President had not had jurisdiction to engage in the procedure that he had and that it did not have jurisdiction to hear the two appeals that had been brought. If it had had jurisdiction, it would have held that the President’s decision that a person who might be deprived of his liberty did not always have to be joined as a party to the proceedings had been incorrect.
