A few days early (next week is particularly busy for me), the May 2024 quarterly update to the Court of… Read more
Category: Comments
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
Capacity, presumptions and catastrophe
As Lieven J noted in her opening paragraph, A Council v An NHS Foundation Trust & Ors [2024] EWHC 874… Read more
Residence, care, sex and marriage: an (unusual) successful appeal on capacity
Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in… Read more
Children, capacity and accepting the diagnosis
Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more
Fees increase in the Court of Protection
With effect from 1 May 2024, the fee for making an application in the Court of Protection will rise from… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more
Amended Court of Protection Practice Directions from 1 April 2024
Amendments to three Practice Directions supplementing the Court of Protection Rules 2017 have been made. In summary the changes are:… Read more
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