NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3)… Read more
Consultation, (rotten) compromises and challenging complacency – Hayden J on the warpath
Category: Comments
Does the Court of Protection have jurisdiction over children? Answer yes – up to a point (even when they have moved abroad)
In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple… Read more
Anorexia, the Court of Protection and the changing calculus of decision-making
When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and… Read more
Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal
West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a… Read more
Capacity, insight and professional cultures – an important new decision from the Court of Protection
CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to… Read more
Deprivation of liberty and profound disability – an urgent need for appellate clarification
Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025]… Read more
Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner
Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
The Court of Protection and deprivation of liberty of those under 18
The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more