AA v London Borough of Southwark [2021] EWCA Civ 512

Discharge of party Following concerns that if P's mother, AA, were to receive certain information then P would suffer serious harm, the Court of Protection discharged AA as a party without notice, without disclosure of any evidence, without any opportunity to make representations, and without giving any reasons for the decision. The Court of Appeal allowed her appeal, reinstating her as a party, but directed that no further evidence or information be served on her for 28 days to allow the respondents time to decide what course to follow. For part of the hearing AA was represented by a special advocate in a closed session, the first time the Civil Division of the Court of Appeal had adopted that procedure.


Full judgment: BAILII


  • Other capacity cases🔍

Date: 16/4/21🔍

Court: Court of Appeal (Civil Division)🔍



  • AA🔍
  • London Borough of Southwark🔍
  • P🔍
  • South London and Maudsley NHS Foundation Trust🔍

Citation number(s):

What links here:

Published: 23/4/21 20:47

Cached: 2021-05-17 10:56:20