Health Service Executive of Ireland v Moorgate [2020] EWCOP 12

Recognition of foreign protective measure (1) The necessary criteria were met for the recognition and enforcement of protective measures contained in an order made by the Southern Irish High Court which authorised the patient's transfer from a London hospital to a specialist hospital in Leeds. (2) An appendix entitled "Domestic regimes applicable to SM and those in her position" contains the following headings: (a) Application of the MHA; (b) Hospital admission under the MHA; (c) Treatment under the MHA; (d) Representation and support; (e) Challenging detention; (f) Removal of alien patients; (g) Mental Capacity Act 2005 (excluding the provisions of Schedule 3); (h) Inherent jurisdiction of the High Court; (i) Comparison of protections under MHA and under Schedule 3.


Essex newsletter 103.pdf
This case has been summarised on page 29 of 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020).

Essex search

This case's neutral citation number appears in the following newsletters:


Full judgment: BAILII


  • Foreign protective measure cases🔍

Date: 11/3/20🔍

Court: Court of Protection🔍



  • Health Service Executive of Ireland🔍
  • Ellern Mede Moorgate🔍

Citation number(s):

What links here:

Published: 6/7/20 14:28

Cached: 2024-04-25 04:12:55