Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Best interests, wishes and feelings: a worked example in an imperfect world
Category: Inherent jurisdiction
Coercion, control and powers of attorney – a dilemma for the court
Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations
How far can the State be expected to go in seeking to secure the rights of those in challenging situations? … Read more
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
The inherent jurisdiction – a case, guidance, and a challenge from Ireland
Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more