In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
Category: Case comments
Capacity in the rear view mirror – how does the presumption work?
The problem of the retrospective consideration of capacity troubled Costs Judge Whalan in Furley Page LLP v KFL [2025] EWHC… Read more
The importance of complying (and showing you’ve complied with) the procedural protections of the Mental Health Act 1983
As Deputy Master Marzec put it at the start of her judgment in Appiah & Anor v Leeds City Council… Read more
Advance decisions to refuse treatment – what (not) to do when it appears one may be in play
Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Litigation capacity – and what happens if you never had it?
Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present… Read more
The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care
The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more
Parental consent to the confinement of younger children – again
The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children… Read more