The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position… Read more
Position statements, transparency and the Court of Protection
Category: Practice and Procedure
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more
Personal welfare deputies – Lawson and Mottram strikes back?
Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After… Read more
Personal welfare deputies, the Court of Protection and Article 8 ECHR
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of… Read more
“Third sector” deputyship – a further iteration of the requirements for appointment
In Re AB (Enable & Thrive Ltd) [2026] EWCOP 11 (T3), Senior Judge Hilder, not without a certain degree of… Read more
Justice and the further expert
Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7 (T2) is a decision which, as its name… 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
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
Tracking down the abducted ‘P’ – a menu of options for Court of Protection practitioners
The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… 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