Health Service Executive of Ireland v SM [2024] EWCOP 60 (T3)

Recognition of foreign protective measure Recognition and enforcement by the Court of Protection was sought in relation to an order made under the Southern Irish High Court's inherent jurisdiction for SM's treatment at a specialist facility in the UK. Although under that inherent jurisdiction she had been found to lack capacity, and the judge agreed that the treatment was in SM's best interests, and continued to recognise and enforce the orders, he directed that a capacity assessment be filed to allow him to assess capacity under the MCA 2005.