D v S [2023] EWCOP 8

Divorce "There are two applications before this Court. The first to be determined (in the Court of Protection) relates to a best interests decision in respect of D, who lacks capacity in a wide sphere of decision-taking in consequence of a severe acquired brain injury. The injury which occurred in 2006, resulted in significant physical and cognitive impairment. The second application (in the Family Court), which as will become clear below, is contingent upon the decision in the first, is an application for a decree nisi of divorce."


The same judgment appears on BAILII with a second citation: [2023] EWFC 23B.


Essex newsletter 130.pdf
This case has been summarised on page 8 of 39 Essex Chambers, 'Mental Capacity Report' (issue 130, March 2023).


Full judgment: BAILII


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Date: 1/3/23🔍

Court: Court of Protection🔍



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Published: 6/6/23 21:18

Cached: 2024-07-13 16:43:32