In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about to turn 18. The solution that he adopted, unfortunately, both casts unhelpful doubt upon a central plank of the Court of Protection’s jurisdiction and highlights, again, just how unsatisfactory the […]
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty. In SCC v MSA & Ors [2017] EWCOP 18, he gave guidance (the precise status of which I will address […]
Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there is no legal obligation upon medical practitioners to seek the sanction of the court before withdrawing clinically assisted nutrition and hydration (‘CANH’) from […]
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no legal obligation to bring cases concerning withdrawal of artificial nutrition and hydration to court. More analysis to follow in due course.
In a fascinating judgment, B v D [2017] EWCOP 15, handed down on 5 September, Baker J had to consider whether it was in the best interests of a soldier, D, to travel to Serbia to receive stem cell treatment for a traumatic brain injury he had suffered at the hands of a fellow soldier. This proposal […]
Introduction It seems that my trip to New Zealand to work on my Wellcome Trust contested capacity assessment project (the jazzy new website for which is now live) was in some ways ill-timed as it coincided with a flurry of activity on various fronts of surprising vigour for the summer months. As we are not […]
The Law Commission has published today (13 July) a major consultation on the potential for reforms to the law of wills in England and Wales. The detailed and comprehensive report can be found here, along with a summary and some useful infographics, and the consultation period runs until 10 November. The Law Commission particularly […]
In Re IH (Observance of Muslim Practice) [2017] EWCOP 9, Cobb J had to decide two questions in relation to a 39 year old Muslim man with profound learning disabilities, namely whether it was in his best interests (1) to fast during the daylight hours of Ramadan; and (2) for his axillary (i.e. underarm) and […]
I reproduce here a call for abstracts from Samantha Halliday at the University of Leeds for what looks like a fascinating conference European Understandings of Advance Decision-making: an Interdisciplinary Conference 12th September 2017 University of Leeds, Leeds, UK Keynote speakers Professor John Ellershaw (Professor of Palliative Medicine, University of Liverpool) Professor Rob Heywood (Professor of […]
