Amendments to three Practice Directions supplementing the Court of Protection Rules 2017 have been made. In summary the changes are:… Read more
Amended Court of Protection Practice Directions from 1 April 2024
Category: Comments
Government response to the Joint Committee on the draft Mental Health Bill published
The Government has today (21 March 2024) published its response to the report of the Joint Committee on the draft… Read more
The tendency of human nature to be swayed by interest rather than duty
In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed… Read more
Deprivation of liberty and care providers – how thick is your legal ice?
In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting… Read more
Capacity in civil proceedings consultation – help wanted (urgently!)
The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which is shortly… Read more
Lieven J puts the (Cheshire West) cat amongst the pigeons
Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more