United Kingdom

Substantive law

Procedural law

Private international law

England and Wales. Mental Capacity Act 2005, applicability of the Convention for England and Wales by virtue of Schedule 3. Explanation:

Richard Frimston (Conflict of laws);
Richard Frimston, Cross border incapacity. Will England and Wales find the tin opener? Schedule 3 to the Mental Capacity Act 2005.

Northern Ireland. Mental Capacity Bill, 2015 (Adopted as Mental Capacity Act (Northern Ireland) 2016) Clause 272, Schedule 9. Explanatory reports:

Potter, M (2015) The Mental Capacity Bill and Human Rights, Northern Ireland Assembly, Research and Information Service, Briefing Paper, Paper 111/15, 6 October 2015.
Potter, M (2015), The Convention on the International Protection of Adults and the Mental Capacity Bill, Northern Ireland Assembly, Research and Information Service, Briefing Paper, Paper 130/15, 18 November 2015.

Case-law specifically relating to cross-border cases

England and Wales. Case-law concerning the Mental Capacity Act 2005

Re MN (Recognition and Enforcement of Foreign Protective Measures) [2010] COPLR Con Vol 893 (CP)
Re HM (Vulnerable Adult)(Abduction) [2010] EWHC 870 (Fam), [2010]2 FLR 1057, [2010] 2 FCR 639;
Re O (Court of Protection: Jurisdiction), [2014] Fam 197 (CP).
An English Local Authority v. SW, [2014] EWCOP 43. Summary.
Health Service Executive of Ireland v. PA, PB and PC [2015] EWCOP 38.
DB (by his litigation friend, the Official Solicitor) v. Worcestershire County Council and other, EC (by his litigation friend, the Official Solicitor) v. Worcestershire County Council, Joined cases, [2016] EWCOP 30 [2016] COPLR 450 All ER (D) 47;
Al-Jeffrey v. Al-Jeffry (Vulnerable Adults: British Citizen), [2016] EWHC 2151 (Fam). Summary;
Re Clarke [2016] EWCOP 46.
JMK [2018] EWCOP 5

Scotland

Darlinton BC, Applicants, decision by Sheriff A. M. Mackie, Glasgow, 19 January 2018. Adrian Ward, Case commentary.

Istituto di Studi internazionali