In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an… Read more
Section 21A, interim declarations and an ALR in action
Category: 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… Read more
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… Read more
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… Read more
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… Read more
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