HMCTS have announced that: To further support digital working within the Court of Protection we are starting to use electronic… Read more
CoP e-filing for deprivation of liberty cases
Category: Comments
Distinguishing capacity and autonomy – the criminal law perspective
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more
Vaccination – looking at all the relevant circumstances
Re CR. [2021] EWCOP 19, decided by HHJ Butler differed to the previous two (both decided by Hayden J) because… Read more
Human Rights in Care Homes: A Survey-Based Study
The Essex Autonomy Project wants you (if you are a professional working in or with care homes in England and… Read more
The Court of Protection and obstetric decisions – two contrasting stories
In two decisions which came out simultaneously, the Court of Protection had to consider how to approach obstetric decisions, in… Read more
When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection
In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he… Read more
A right to family life does not mean an obligation to endure one
In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37… Read more
How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations
In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the… Read more
Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings
In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E… Read more