Court of Protection: Press will still need judge’s permission to attend hearings – The Independent

Posted June 29th, 2015 in Court of Protection, news, reporting restrictions by sally

‘Cases heard at Britain’s most secretive court will remain largely closed to public scrutiny after the Government decided not to change the law which obliges the media to apply in advance if they would like to attend.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

Full story

Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

Full story

Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

Full story

Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

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Father forced to fight hospital in courts to keep son alive spends funeral cash on lawyers – Daily Telegraph

‘Man uses money for teenage son’s funeral to pay for lawyers to argue at Court of Protection doctors should continue giving him chemotherapy.’

Full story

Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

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In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

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Delays in Court of Protection ‘readily tolerated’ – Munby – Law Society’s Gazette

Posted May 11th, 2015 in case management, Court of Protection, delay, news by sally

‘The president of the Family Division has bemoaned what he called ‘systemic failures’ in Court of Protection procedures causing cases to take years to reach full hearing.’
Full story

Law Society’s Gazette, 8th May 2015

Source: www.lawgazette.co.uk

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

Full story

Cloisters, 10th April 2015

Source: www.cloisters.com

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Transparency in the Court of Protection: press should be allowed names – UK Human Rights Blog

‘A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015). The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.’

Full story

UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

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Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Court of Protection Issues – Thirty Nine Essex Street

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Judge refuses mother’s plea to treat terminally-ill son, saying he should be allowed to die – Daily Telegraph

Posted February 16th, 2015 in cancer, Court of Protection, doctors, families, medical treatment, news, young persons by sally

‘Court of Protection rules that specialists can lawfully stop providing chemotherapy to terminally-ill teenager.’

Full story

Daily Telegraph, 14th February 2015

Source: www.telegraph.co.uk

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In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

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High cost of Court of Protection cases “a matter of serious concern”: report – Local Government Lawyer

Posted February 4th, 2015 in costs, Court of Protection, local government, news, reports by sally

‘The high cost of welfare cases in the Court of Protection is “a matter of serious concern” and – alongside the lengthy duration of such proceedings – requires urgent investigation, researchers at Cardiff University have said.’

Full story

Local Government Lawyer, 3rd February 2015

Source: www.localgovernmentlawyer.co.uk

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What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

Full story

UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

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Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

Full story

Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk

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Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning – Judiciary of England and Wales

Posted December 15th, 2014 in Court of Protection, family courts, judges, speeches by tracey

‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’

Full speech

Judiciary of England and Wales, 12th December 2014

Source: www.judiciary.gov.uk

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Court of Protection judge hits out at expense of cases costing £9,000 a month – Local Government Lawyer

Posted December 4th, 2014 in costs, Court of Protection, judges, news by sally

‘A judge has sharply criticised the delay and expense of proceedings in the Court of Protection, describing the relevant procedural rules as “inadequate”.’

Full story

Local Government Lawyer, 2nd December 2014

Source: www.localgovernmentlawyer.co.uk

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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