EIn University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to… Read more
What does it mean to be an expert in the person? The Court of Protection decides
Category: Comments
Deprivation of liberty – are we listening closely enough to the person?
Re HC [2024] EWCOP 24 is notable for the approach taken by Victoria Butler-Cole KC (sitting as a Tier 3… Read more
The older child and medical treatment decisions – mental capacity or competence?
Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J,… 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
Capacity to consent to having capacity assessed – and why thinking about capacity in the abstract is usually so unhelpful
In response to a question posed by the excellent Zena Bolwig on LinkedIn, an interesting discussion has broken out about… Read more
Intellectual disability, psychiatric admissions and Article 3 – the European Court of Human Rights raises the stakes
In VI v Moldova [2024] ECHR 251, the European Court of Human Rights considered the placement of a 15 year… Read more
When (not) to rely upon capacity?
In Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) Julian Knowles… 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