The first quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of… Read more
Court of Protection Handbook – first quarterly update and new precedent letters
Category: Case comments
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
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more