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Angus Moon QC instructed by Official Solicitor in two ground-breaking and widely publicised Court of Protection cases

5th September 2013

Angus Moon QC has recently been instructed by the Official Solicitor in two ground-breaking and widely publicised cases leading to important judgments by the Court of Protection. In the first, A NHS Trust –v- Dr A [2013] EWHC 2442 (COP) Mr Justice Baker had to wrestle with the complex provisions of the Mental Capacity Act 2005 so as to ensure that an Iranian doctor who needed life-saving medical treatment but was ineligible to be deprived of his liberty because of some of the provisions of the MCA nonetheless received that treatment. Mr Justice Baker accepted submissions made by Angus (together with Amy Street) enabling the necessary deprivation of liberty to be made under the Court’s inherent jurisdiction. In the second case, A NHS Trust –v- DE [2013] EWHC 2562 (Fam), for the first time in this jurisdiction the Court granted an application for permission to carry out a vasectomy upon a man with learning disabilities who did not have capacity to decide to have a vasectomy but did not wish to have any more children.

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