Sam Karim KC and Sophie Hurst acted for Sunderland City Council in the recent case of MacPherson v Sunderland City Council [2024] EWCA Civ 1579. View the judgment here: https://www.bailii.org/ew/cases/EWCA/Civ/2024/1579.pdf
Following long-running proceedings in the Court of Protection, the matter came before the Court of Appeal following the application of Ms MacPherson against a custodial sentence imposed by Poole J following her breaches of number of injunctive orders. The Court of Appeal, however, was concerned that the appellant lacked capacity to conduct the appeal.
Following written and oral submissions from legal representatives and hearing from Ms MacPherson herself, the Court of Appeal confirmed it had all the powers of a lower court (whether that be the Court of Protection or otherwise) in relation to an appeal. As such, it made an interim declaration that the appellant lacked capacity to conduct proceedings and referred the issue for a determination from the High Court. The questions of the appellant’s current capacity, and her capacity when sentenced, have been referred to a Tier 3 COP judge for determination, after which the Court of Appeal will hear the case again.
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