Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After… Read more
Tag: practice and procedure
Personal welfare deputies, the Court of Protection and Article 8 ECHR
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of… Read more
Justice and the further expert
Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7 (T2) is a decision which, as its name… Read more
Brain stem death testing and the courts: procedural fairness, and the definitive diagnosis of death
The issue of brain stem death testing (or, more formally, diagnosing death by neurological criteria) is one that has been… Read more
Natural justice and costs in the Court of Protection
Riddle v NA [2025] EWCOP 39 (T3) raises questions about the fitness for purpose of a key plank of the… Read more
Fact finding in the Court of Protection
In Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3), Lieven J has provided a helpful recap of… Read more
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
Tracking down the abducted ‘P’ – a menu of options for Court of Protection practitioners
The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… Read more
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