What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
Capacity and contempt proceedings – what is the test?
Category: Practice and Procedure
Brain stem death and the courts – what to do where there is no clinical justification for hoping for a miracle
University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) adds to the small… Read more
Where every option is problematic and the optimism of best interests is not enough: a dilemma for the Court of Appeal
The Court of Appeal has dismissed the appeal of both the local authority and the Official Solicitor against the decision… Read more
Closed material and parallel proceedings – Henke J provides a route map
Henke J has followed the Closed Hearings and Closed Material Guidance ([2023] EWCOP 6) and produced a judgment “to enable disclosure… Read more
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