With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more
Category: Comments
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
Capacity, habitual residence, and internet use in Scotland – a Court of Protection conundrum
In Newcastle City Council v LM [2023] EWCOP 69, David Rees KC (sitting as a Tier 3 Judge of the… Read more
Capacity and contempt proceedings – what is the test?
What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
Brain stem death and the courts – what to do where there is no clinical justification for hoping for a miracle
University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) adds to the small… Read more
A legal framework under intense stress: the MHA 1983 under the judicial microscope
One of the most difficult areas where the law runs up against practical realities is in relation to addressing the… Read more
Where every option is problematic and the optimism of best interests is not enough: a dilemma for the Court of Appeal
The Court of Appeal has dismissed the appeal of both the local authority and the Official Solicitor against the decision… Read more
The inherent jurisdiction – a case, guidance, and a challenge from Ireland
Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more