In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
Category: Practice and Procedure
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
Reporting restrictions and serious medical treatment cases – a difficult (evidenced) balance
In the conjoined appeals of Abbasi and Haastrup [2023] EWCA Civ 331, the Court of Appeal has grappled with the… Read more
Fluctuating capacity, emotional dysregulation and public protection: a swansong for Hayden J
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J… Read more
Changes to P&A deputyship applications from 1 January 2023
From January 2023, the new upfront notification process will become the standard process for all Property and Affairs deputyship applications,… Read more
Transparently clunky – Mostyn J and transparency orders before the Court of Protection
In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the… Read more
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more