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Re A (A Patient, now deceased) (No 4) [2018] EWCOP 17

Miscellaneous "On 24 July 2018, Mr Fitzgerald issued an application in the Family Division of the High Court of Justice, under number FD13P90056, seeking an order that, as President of the Family Division, I 'withdraw from public record Judgement EWCOP16 [2018] on the grounds that: (1) It is not given in any recognised court or jurisdiction; (2) It misrepresents the evidence presented in Application; (3) It displays transparent bias and injudicious prejudice.' ... Mr Fitzgerald's latest application is totally without merit. It is a time-wasting abuse of the process, which I accordingly strike out. If Mr Fitzgerald continues to display such forensic incontinence, he may find himself again subject to an extended civil restraint order."


Full judgment: BAILII


  • Miscellaneous cases🔍

Date: 27/7/18🔍

Court: Court of Protection🔍



Judicial history:

Earlier judgments (not yet on Mental Health Law Online):

  • [3] So far as relevant for present purposes, I need to refer to three judgments I gave in 2016. Two are judgments in the Court of Protection, the first on 10 August 2016 and the second on 18 August 2016, which explain why I made the orders dated 22 and 24 March 2016 and which are essential reading if the application now before me is to be properly understood: In the matter of A (A Patient); In the matter of applications by and against Desmond Maurice Fitzgerald [2016] EWCOP 38B (sub nom In re A (A Patient) (Court of Protection: Costs Order) [2016] 4 WLR 141B) and In the matter of A (A Patient); In the matter of applications by and against Desmond Maurice Fitzgerald (No 2) [2016] EWCOP 39B. The other is a judgment, also essential reading, I gave on 21 November 2016: Akester v Fitzgerald [2016] EWHC 2961 (Fam)B.

Citation number(s):

What links here:

Published: 29/7/18 19:19

Cached: 2021-08-01 17:51:02