The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
Tag: Best interests
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Islam, capacity and best interests – in conversation with Siddiq Diwan
In this ‘in conversation with,’ I talk to Siddiq Diwan, Imam and Lead Muslim Chaplain at the Manchester University Hospital… Read more
Capacity, best interests and divorce: does the Court of Protection have a role?
[This post is a joint effort by me together with Neil Allen and Emma Spruce, Counsel acting for D in… Read more