Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Medical treatment, due haste, and capacity complexities
Category: 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… Read more
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… Read more
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… Read more
The inherent jurisdiction and costs
In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made… Read more
Personal welfare deputies – to appoint or not?
The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare… Read more
Capacity, pre-nuptial agreements and knowledge of your own assets
PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a… Read more
Executive dysfunction under the judicial spotlight
In TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 Macdonald J had cause to consider the… Read more
Will, preferences, amputation – and the need for early involvement of the court
The decision of Lieven J in East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10[1] is of importance for… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more