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Category: Practice and Procedure

Practice and Procedure

Professional deputies, hourly rates, and the realities of 2020

In a judgment handed down on 30 September 2020, PLK & Ors (Court of Protection : Costs) [2020] EWHC B28, Master Whalan has considered the concerns the … Read More ›

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Posted on October 2, 2020October 7, 2020
Practice and Procedure

Contempt, court orders and P’s confidentiality

In a very unusual case, P v Griffith [2020] EWCOP 46, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months … Read More ›

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Posted on October 2, 2020October 6, 2020
Deprivation of liberty, Practice and Procedure

Section 21A, interim declarations and an ALR in action

In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an s.21A application where it has … Read More ›

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Posted on October 1, 2020October 3, 2020
Capacity, Case comments, Practice and Procedure

Determining capacity with one (judicial) hand tied behind your back

In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide whether the claimant had capacity … Read More ›

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Posted on August 10, 2020
Capacity, Case comments, Practice and Procedure

Litigation capacity and litigation friends – news from the civil courts

In a judgment relating to the business affairs of the Hinduja family (Hinduja v Hinduja & Ors  [2020] EWHC 1533 (Ch)) Falk J, sitting in … Read More ›

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Posted on June 24, 2020
Case comments, Practice and Procedure

The Court of Protection, injunctions and persons unknown

In Re SF (Injunctions) [2020] EWCOP 19, Keehan J was concerned with a young woman, SF, who had a diagnosis of Autism Spectrum Disorder and … Read More ›

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Posted on May 18, 2020
Best interests, Capacity, Case comments, Medical treatment, Practice and Procedure

Medical treatment, due haste, and capacity complexities

Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in … Read More ›

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Posted on March 5, 2020
Best interests, Case comments, Medical treatment, Practice and Procedure

Medical treatment: delay, neglect and judicial despair

Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to grapple with a further case … Read More ›

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Posted on February 26, 2020February 27, 2020
Best interests, Capacity, Case comments, Medical treatment, Mental Health, Practice and Procedure

Not only inimical… but potentially fatal: medical treatment cases and delay

In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving an application relating to medical … Read More ›

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Posted on February 4, 2020February 4, 2020
Case comments, Deprivation of liberty, Practice and Procedure

Deprivation of liberty in the community – how not to apply to court

The frankly astonishing case of LB Barnet v JDO & Ors [2019] EWCOP 47 reads as an object lesson in how not to make an … Read More ›

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Posted on October 24, 2019October 25, 2019

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Recent Posts

  • Transparently clunky – Mostyn J and transparency orders before the Court of Protection

    August 10, 2022
    In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the …Read More »
  • Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities

    August 3, 2022
    For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales.   …Read More »
  • Human Rights in Care Settings: Joint Committee on Human Rights reports

    July 22, 2022
    The Joint Committee on Human Rights has today (22 July) published its report into Human Rights in Care Settings, following …Read More »
  • Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (BMA/Law Society) 5th edition almost here

    July 21, 2022
    Warning: further shameless self-promotion.  The 5th edition of the Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers …Read More »
  • Court of Protection Handbook 4th edition – almost here

    July 21, 2022
    Shameless self-promotion alert: the fourth edition of the Legal Action Group Court of Protection Handbook is now available to pre-order, …Read More »

RSS Bailii capacity cases

  • Director of Public Prosecutions v MR (Approved) [2022] IECA 192 (29 July 2022) August 12, 2022
  • W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022) August 5, 2022
  • Milburn, R (On the Application Of) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) (06 July 2022) August 5, 2022
  • Sokolik v Kobre & Kim (UK) LLP (Practice and Procedure - Application for Postponement - Decision to Dismiss for Non-Attendance - Rule 47 ET Rules) [2022] EAT 111 (02 August 2022) August 3, 2022
  • A MENTAL HEALTH NHS TRUST v BG [2022] EWCOP 26 (24 June 2022) July 31, 2022

RSS Bailii CRPD cases

  • Child and Family Agency & Anor v The Adoption Authority of Ireland & Ors (Unapproved) [2022] IECA 196 (10 August 2022)0
    From Irish Court of Appeal
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights
  • Adults with Incapacity (Report) [2014 SLC 240 (September 2014)0
    From Scottish Law Commission (Reports)

RSS MHLO updates

  • Job advert. Noble Solicitors, Bedfordshire/remote - COP and MH solicitor (listed until 12/11/22).
  • Case (Admissibility of foreign conviction). Re W-A [2022] EWCA Civ 1118
  • Case (Residence). K v N Council [2022] MHLO 1 (COP)
  • Case (Funding holidays). R (BG) v Suffolk County Council [2022] EWCA Civ 1047
  • Case (Sex and contact). Hull City Council v KF [2022] EWCOP 33

RSS Baillii Mental Health Act cases

  • Williamson v The Bishop Of London & Ors (Practice and procedure - Civil Procedure Order - section 42 Senior Courts Act 1981) [2022] EAT 118 (01 August 2022)0
    From United Kingdom Employment Appeal Tribunal
  • CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SLL v (1) Priory Health Care and (2) Secretary of State for Justice (Mental health) [2019] UKUT 323 (AAC) (18 October 2019)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • Joseph, Application for Reconsideration by [2019] PBRA 43 (22 October 2019)0
    From The Parole Board for England and Wales
  • Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • C (A Child : care proceedings - inherent jurisdiction - deprivation of liberty) [2019] EWFC B72 (Comm) (06 November 2019)0
    From England and Wales Family Court Decisions (other Judges)
  • DA v Kent and Medway NHS and Social Care Trust (Mental health) [2019] UKUT 348 (AAC) (11 November 2019)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JK v A Local Health Board [2019] EWHC 67 (Fam) (13 November 2019)0
    From England and Wales High Court (Family Division) Decisions
  • JK v A Local Health Board [2019] EWHC 67 (Fam) (13 November 2019)0
    From England and Wales Family Court Decisions (High Court Judges)

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