As I noted this morning, the President and Vice-President of the Court of Protection, Sir James Munby and Mr Justice… Read more
The judges speak
Category: Comments
Reflections on the COP and MCA by Gordon Ashton
I am very grateful indeed to Gordon Ashton OBE, the editor of Jordans’ Court of Protection Practice, and one of… Read more
Keeping it concrete – the Court of Appeal on testamentary capacity
Simon v Byford [2014] EWCA Civ 280 Summary This is the appeal from the decision of Nicholas Strauss QC that… Read more
The House of Lords Report 2 – a longer discussion
In this post, I seek to summarise – and where relevant – comment upon each of the Chapters in the… Read more
The House of Lords has spoken – in no uncertain terms
Summary The House of Lords Committee appointed to consider the MCA 2005 has now reported. After a mammoth evidence gathering… Read more
The Supreme Court pronounces on litigation capacity (and the effect of incapacity) in civil proceedings
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary Ms Dunhill sought to have a compromise agreement into… Read more
Another C-Section case and the ‘secret’ court
Since the widely-reported case of Ms Pacchieri (Re AA [2012] EWHC 4378 (COP)), there has been a string of cases… Read more
This really is no way to die
A really depressing report by the Parliamentary and Health Service Ombudsman (PHSO) and the Local Government Ombudsman (LGO) has just been… Read more
Is Banks v Goodfellow history?
Fischer v Diffley [2013] EWHC 4567 (Ch) Summary This Chancery Division case is of some interest because it is the… Read more
Fact-finding and probability: the importance of asking the right questions
Re D (A Child) [2014] EWHC 121 (Fam) (Mostyn J) Summary This decision in a fact-finding hearing relating to children… Read more