Substantive law

• England and Wales country report of the International Guardianship Association
• Scotland country report of the International Guardianship Association

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.

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 No. 519.

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.