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John McKendrick QC appears in latest adult international protection proceedings

John successfully appeared for the respondent before the High Court in AB v XS [2021] EWCOP 57, before Mrs Justice Lieven.

The proceedings, in late October, concerned the welfare of an elderly lady, a British and Lebanese citizen, resident in Beirut, Lebanon. The application sought an order for the return of the lady from Beirut to England and Wales.

Lieven J agreed with John’s submissions that she was habitually resident in Lebanon and therefore by application of section 63 of the Mental Capacity Act 2005, orders could not be made under the 2005 Act and that the exercise of the Inherent Jurisdiction on the basis of her British citizenship was inappropriate. She also accepted it was in her best interests to remain in Beirut despite the many challenges the country faces.

More about the case

The full decision is available here: https://www.bailii.org/ew/cases/EWCOP/2021/57.html

John McKendrink QC was instructed by Nicola Mackintosh of Mackintosh Law.

Find out more

This is the eighth significant decision John has been involved in this year. He has appeared in the Supreme Court in the case of JB v A Local Authority and has appeared twice successfully in the Court of Appeal in public and costs law cases. Other cases in the High Court have involved a wide range of public, human rights, welfare and family cases.

John practises in all areas of public and commercial law and acts as an arbitrator, adjudicator and mediator. To find out more, contact Paul Barton on +44 (0)207 427 4907 for a confidential discussion.

News, Public Law 4 Nov, 2021

Authors

John McKendrick QC

Call: 1999 Silk: 2016

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