Henke J has followed the Closed Hearings and Closed Material Guidance ([2023] EWCOP 6) and produced a judgment “to enable disclosure… Read more
Category: Practice and Procedure
Court of Protection Handbook update May 2024
A few days early (next week is particularly busy for me), the May 2024 quarterly update to the Court of… Read more
Revoking a deputyship – are the Court of Protection’s powers constrained?
In CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 Theis J has confirmed that that the… Read more
Serious medical treatment – the importance of the public record
In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance… Read more
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
Mental disorder, medical evidence and deprivation of liberty
In Stockport MBC v KB [2023] EWCOP 58, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that… Read more
‘Two Ps’ – navigating two sets of best interests
In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Committal hearings in the Court of Protection – publicity and complexity
In Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more