Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
Medical treatment and 16/17 year olds – joining the dots
Category: Case comments
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
CTOs and community deprivation of liberty – some welcome clarity
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more