As I noted this morning, the President and Vice-President of the Court of Protection, Sir James Munby and Mr Justice… Read more
The judges speak
Category: Case comments
Reflections on the COP and MCA by Gordon Ashton
I am very grateful indeed to Gordon Ashton OBE, the editor of Jordans’ Court of Protection Practice, and one of… Read more
Keeping it concrete – the Court of Appeal on testamentary capacity
Simon v Byford [2014] EWCA Civ 280 Summary This is the appeal from the decision of Nicholas Strauss QC that… Read more
The Supreme Court pronounces on litigation capacity (and the effect of incapacity) in civil proceedings
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary Ms Dunhill sought to have a compromise agreement into… Read more
Another C-Section case and the ‘secret’ court
Since the widely-reported case of Ms Pacchieri (Re AA [2012] EWHC 4378 (COP)), there has been a string of cases… Read more
This really is no way to die
A really depressing report by the Parliamentary and Health Service Ombudsman (PHSO) and the Local Government Ombudsman (LGO) has just been… Read more
Is Banks v Goodfellow history?
Fischer v Diffley [2013] EWHC 4567 (Ch) Summary This Chancery Division case is of some interest because it is the… Read more
Fact-finding and probability: the importance of asking the right questions
Re D (A Child) [2014] EWHC 121 (Fam) (Mostyn J) Summary This decision in a fact-finding hearing relating to children… Read more
Appeals to the Court of Appeal from the CoP: securing against the risk of costs
JE (Jamaica) v SSHD [2014] EWCA Civ 192 (Court of Appeal (Laws, Jackson and Black LJJ)) Summary This is an… Read more
All change in the ordinary residence rules relating to incapacitated adults
R (Cornwall Council) v SoS for Health & Ors [2014] EWCA Civ 12 (Court of Appeal (Elias, Lewison and Floyd… Read more