These Rules were laid before Parliament on 15 July, and come into force on 1 October 2025. They make a… Read more
The Court of Protection (Amendment) Rules 2025
Category: Comments
Providing position statements to observers to Court of Protection proceedings: vital guidance from Poole J
Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) concerns a question of increasing importance given (in particular) the… Read more
Disordered eating and the gaps between services – the consequences for the Court of Protection
Cwm Taf Morgannwg Health Board v AB & Anor [2025] EWCOP 24 (T3) is a judgment about case management in a… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Capacity in the rear view mirror – how does the presumption work?
The problem of the retrospective consideration of capacity troubled Costs Judge Whalan in Furley Page LLP v KFL [2025] EWHC… Read more
The importance of complying (and showing you’ve complied with) the procedural protections of the Mental Health Act 1983
As Deputy Master Marzec put it at the start of her judgment in Appiah & Anor v Leeds City Council… Read more
The Court of Protection and the ‘slip rule’ – a clarification of the procedures
Rule 5.15 of the Court of Protection Rules provides that: “The court may at any time correct any clerical mistakes… Read more
Advance decisions to refuse treatment – what (not) to do when it appears one may be in play
Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
Advance choices across jurisdictions – mental health and physical health
In the context of the imminent start of the Public Bill Committee stage of the Mental Health Bill in the… Read more