Re BV (Medical Treatment – Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) is a relatively ‘routine’ medical treatment case (without,… Read more
Communicating the communication limb of the capacity test
Category: Comments
Natural justice and costs in the Court of Protection
Riddle v NA [2025] EWCOP 39 (T3) raises questions about the fitness for purpose of a key plank of the… Read more
Holding the risk in medical treatment cases
Re RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) is a case which demonstrates the care and… Read more
Fact finding in the Court of Protection
In Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3), Lieven J has provided a helpful recap of… Read more
Deprivation of liberty update – the Supreme Court, DHSC and CQC
Three important developments, on different timelines, have occurred in relation to deprivation of liberty. The first development is the publication… Read more
Termination, best interests and where the buck stops
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more
Motability, contracts and deputies
[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
Wishing won’t make it so – urban myths around s.4B MCA 2005
I was contacted, again, by a health care professional who had been told with complete confidence that the new version… Read more
Anticipating the reasonableness of responses – time-specific capacity in action
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more