Re SW [2017] EWCOP 7

Medical treatment, costs, anonymity (1) "[A]s matters stand, the transplant being proposed cannot proceed, whatever the court may say or do. As it has been presented to the court, this scarcely coherent application is totally without merit, it is misconceived and it is vexatious. It would be contrary to every principle of how litigation ought to be conducted in the Court of Protection, and every principle of proper case management, to allow this hopelessly defective application to proceed on the forlorn assumption that the son could somehow get his tackle in order and present a revised application which could somehow avoid the fate of its predecessor." (2) "As against the son, the claim for costs could not, in my judgment, be clearer. Given everything I have said, this is the plainest possible case for departing from the ordinary rule, set out in rule 157 of the Court of Protection Rules 2007, and applying the principles set out in rule 159. ... [B]oth Dr Waghorn and Dr Jooste, in my judgment, are persons against whom a costs order can be made even though are not, formally, parties to the litigation – and, if that is so, then for the same reasons as in relation to the son, it is, in my judgment, fair and just to order them to pay the costs." (3) "There is no reason why either SW or SAN should be named, and, indeed, every reason why they should not. Nor, in all the circumstances, is there any reason why the son should be named. Dr Waghorn and Dr Jooste, however, stand in a very different position. There is a very strong public interest in exposing the antics which these two struck-off doctors have got up to, not least so that others may be protected from their behaviour."

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

• 39 Essex Chambers, 'Mental Capacity Report' (issue 76, May 2017)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Anonymisation cases🔍
• COP costs cases🔍
• Medical treatment cases🔍
• Reporting restriction order cases🔍 Older RRO cases can still be found in Category:Other capacity cases

Date: 12/4/17🔍

Court: Court of Protection🔍

Judicial history:

• Re SW (No 2) [2017] EWCOP 30
• Re SW [2017] EWCOP 7

Judge(s):

• Munby🔍

Parties:

• SW🔍

Citation number(s):

• [2017] EWCOP 7^B

What links here:

• Re SW (No 2) [2017] EWCOP 30

Published: 28/3/18 22:40

Cached: 2024-12-22 16:56:40