Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
Tag: birth arrangements
Birth arrangements, choice and mental ill health – in conversation with Dr Sam Halliday
In this ‘in conversation’ with Dr Sam Halliday, we consider why the courts in England & Wales take the approach… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Capacity, pregnancy, risk and the courts
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant… Read more
The Court of Protection and obstetric decisions – two contrasting stories
In two decisions which came out simultaneously, the Court of Protection had to consider how to approach obstetric decisions, in… Read more
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more