Fact-finding in the Court of Protection

Fri, 27 Nov 2015

On Wednesday 25 November 2015, the President of the Court of Protection handed down the long awaited judgment in the case of AG: [2015] EWCOP 78. Nageena represented AG, instructed by the Official Solicitor and opposed the appeal brought by AG’s mother (DG). The appeal raised a number of grounds including a criticism of the first instance Judge for failing to conduct a fact-finding hearing. The President of the Court of Protection initially granted permission to DG to appeal but on hearing the appeal in full, agreed with the submissions made on behalf of the Official Solicitor and local authority and dismissed all 4 grounds of the appeal. The judgment Re AG [2015] EWCOP 78 provides an analysis of the approach to be taken to fact finding in the Court of Protection.

To view the article written by Nageena Khalique QC and Rachel Thomas (Pupil) please click here.

Nageena Khalique QC is the Head of the Court of Protection Group at No5 Chambers. Please click here to view Nageena's profile.

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