Kirk v Devon County Council and another

Mental health – Court of Protection. The Court of Appeal Civil Division allowed an application by the parties to the court to approve a consent order following a decision by the parties to compromise an appeal in regard to whether it was in the patient's best interests to be returned to the UK from Portugal. The basis of the application was, amongst other things, that the previous court order was no longer an effective method of securing the patient's return to the jurisdiction and therefore the order was otiose and should be set aside for that reason alone.

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