In the Matter of AB is an extremely interesting decision from the Circuit Court in Ireland. It concerns the capacity… Read more
Category: Case comments
Communicating the communication limb of the capacity test
Re BV (Medical Treatment – Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) is a relatively ‘routine’ medical treatment case (without,… Read more
Natural justice and costs in the Court of Protection
Riddle v NA [2025] EWCOP 39 (T3) raises questions about the fitness for purpose of a key plank of the… Read more
Holding the risk in medical treatment cases
Re RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) is a case which demonstrates the care and… Read more
Fact finding in the Court of Protection
In Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3), Lieven J has provided a helpful recap of… Read more
Termination, best interests and where the buck stops
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more
Motability, contracts and deputies
[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
Anticipating the reasonableness of responses – time-specific capacity in action
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more
The Court of Protection: a Welsh language primer in key caselaw
TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more