In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the… Read more
The MHA, force-feeding and best interests
Category: Case comments
Foreign powers of representation – making them effective in England & Wales
In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues… Read more
Court of Protection Handbook – first quarterly update and new precedent letters
The first quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of… Read more
Deprivation of liberty in the community – how not to apply to court
The frankly astonishing case of LB Barnet v JDO & Ors [2019] EWCOP 47 reads as an object lesson in… Read more
Medical treatment and 16/17 year olds – joining the dots
Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
The inherent jurisdiction and costs
In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made… Read more
The Irish Bournewood?
In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish… Read more
Inherent jurisdiction guidance note
Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together… Read more
Fluctuating capacity – micro vs macro decisions
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more