Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more
Category: Case comments
Revisiting habitual residence – when and how the Court of Protection can do so
The case of Neath Port Talbot Country Borough Council v CK & Ors [2025] EWCOP 47 (T3) is the sequel… Read more
The COVID-19 inquiry – two key healthcare recommendations
I have not written much about the COVID-19 inquiry on this site. In part this is because, having been very… Read more
An ‘intolerable’ deprivation of liberty – and the need for reasons
No one will ever entirely fill the shoes of the late Sir James Munby, one of whose defining characteristics was… Read more
Capacity as a social construct, and the problem of untangling the spider’s web
Many, including, me, who read the judgment of Poole J in SW v Nottingham City Council & Anor [2025] EWCOP 53… Read more
Personal welfare deputies – Lawson and Mottram strikes back?
Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After… Read more
Personal welfare deputies, the Court of Protection and Article 8 ECHR
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of… Read more
Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces
The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust [2026] EWCA Civ 195 has handed… Read more
Withdrawing clinically inappropriate life-sustaining treatment – the latest Strasbourg word
In light of the cases that are coming before the Court of Protection about the dividing line between treatments which… Read more
Parental responsibility and confinement – the need for appellate authority continues (and a Gillick conundrum) – updated
[I have now updated this post to take account of another decision of Henke J’s handed down shortly after the East… Read more