The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
Tag: Best interests
Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in… Read more
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more
Vaccination – looking at all the relevant circumstances
Re CR. [2021] EWCOP 19, decided by HHJ Butler differed to the previous two (both decided by Hayden J) because… Read more
Supporting people who have eating and drinking difficulties: new guidance from the Royal College of Physicians
The Royal College of Physicians has published (10 March 2021) a guide to practical care and clinical assistance. Its particular… Read more
When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection
In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he… Read more
How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
What to do when P wants to return home abroad?
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more