The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… Read more
Tag: practice and procedure
The Court of Protection (Amendment) Rules 2025
These Rules were laid before Parliament on 15 July, and come into force on 1 October 2025. They make a… Read more
Providing position statements to observers to Court of Protection proceedings: vital guidance from Poole J
Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) concerns a question of increasing importance given (in particular) the… Read more
Disordered eating and the gaps between services – the consequences for the Court of Protection
Cwm Taf Morgannwg Health Board v AB & Anor [2025] EWCOP 24 (T3) is a judgment about case management in a… Read more
Fees changes in the Court of Protection
From 1 April 2025, with amendments to the Court of Protection Fees Order 2007 and the Civil Proceeding Fees Order… Read more
Consultation, (rotten) compromises and challenging complacency – Hayden J on the warpath
NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3)… Read more
Obstetric cases and the Court of Protection – the need for timeliness (again)
Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
Equal Treatment Bench Book – new edition
A new (2024) edition of the Equal Treatment Bench Book (ETBB) has been published. As it notes in the preface: Treating… Read more
Article 5(4), community deprivation of liberty and jury-rigging a solution
Re PQ (Court Authorised Dol : Representation During Review Period) [2024] EWCOP 41 (T3), Poole J examined in some detail… Read more
A decision for the court or the doctors? A stark question for Henke J
Re AA (Withdrawal of Life-Sustaining Treatment: No Best Interests Decision) [2024] EWCOP 39 (T3) is a difficult case. It concerned… Read more