Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make this assertion good, we need … Read More ›
Category: Case comments
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old autistic woman, Laura Wareham, who … Read More ›
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 concerned a pregnant woman, … Read More ›
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are set out in oral judgments, … Read More ›
If you have been found by a criminal court that you did not know what you were doing was wrong when you killed someone, should … Read More ›
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came under scrutiny, shedding light at … Read More ›
In Aberdeenshire Council v SF (No 2) [2024] EWCOP 10, Poole J took the very unusual step of declining to recognise and enforce a foreign … Read More ›
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP … Read More ›
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom … Read More ›
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] … Read More ›