D v S

Neil Allen (instructed by Hill Dickinson LLP) for the Applicant (Court of Protection proceedings)

Emma Spruce (instructed by the Hill Dickinson LLP) for the Applicant (Family proceedings)

Dr Julian Sidoli (instructed by Birchall Blackburn Law) for the Respondent (Court of Protection and Family proceedings)

      There are two applications before this Court. The first to be determined (in the Court of Protection) relates to a best interests decision in respect of D, who lacks capacity in a wide sphere of decision-taking in consequence of a severe acquired brain injury. The injury which occurred in 2006, resulted in significant physical and cognitive impairment. The second application (in the Family Court), which as will become clear below, is contingent upon the decision in the first, is an application for a decree nisi of divorce.

      On 12 th September 2016, S issued a "supplemental" petition for divorce, on the grounds that the marriage had irretrievably broken down and the parties had been separated for a continuous period, amounting to at least five years. On 13 th December 2018, DJ Anson lifted the stay on proceedings and gave directions which provided for a hearing on the 9 th May 2019. On 9 th May 2019, S's petition for divorce, on the grounds of adultery, dated 3 rd October 2007, was dismissed by consent of the parties.