Court of Protection Update (August 2014) – FAmily Law Week

Posted August 21st, 2014 in consent, Court of Protection, mental health, news by tracey

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.’

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Family Law week, 20th August

Source: www.familylawweek.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given 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 European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

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Claimant wins case over personal injury damages and social care charging policy – Local Government Lawyer

‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’

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Local Government Lawyer, 19th June 2014

Source: www.localgovernmentlawyer.co.uk

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Our advance directives about how we should die should be respected – Court of Protection – UK Human Rights Blog

Posted June 3rd, 2014 in Court of Protection, human rights, medical treatment, news by sally

‘In a careful and humane judgment, the Court of Protection has demonstrated that the law is capable of overlooking the stringent requirements of the conditions governing advance directives, and stressed that a “holistic” view of the patients’ wishes and feelings must be adopted, if those point to the withdrawal of life saving treatment.’

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UK Human Rights Blog, 2nd June 2014

Source: www.ukhumanrightsblog.com

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Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

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Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

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Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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Mentally-ill woman has Caesarean after court ruling – BBC News

Posted May 2nd, 2014 in birth, consent, Court of Protection, mental health, news by tracey

‘A mentally-ill woman has given birth by Caesarean section after a judge ruled doctors could perform the procedure. The woman, who is in her 30s and has a psychotic disorder, had a liver condition which posed a risk to her and her baby, doctors said.’

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BBC News, 1st May 2014

Source: www.bbc.co.uk

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Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

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The Guardian, 15th April 2014

Source: www.guardian.co.uk

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Court calls for ‘love coach’ to help vulnerable man find happiness – Daily Telegraph

Posted April 4th, 2014 in Court of Protection, learning difficulties, news by sally

‘Man with learning difficulties should be coached on how to behave before he goes out in search of a partner, Court of Protection judge says.’

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Daily Telegraph, 4th April 2014

Source: www.telegraph.co.uk

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Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

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The Independent, 31st March 2014

Source: www.independent.co.uk

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Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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The Sanctity Of Life Law Has Gone Too Far – Gresham College

Posted February 26th, 2014 in assisted suicide, Court of Protection, euthanasia, lectures, medical treatment by tracey

‘Professor Gillon would argue that the judgment in the case of a patient in prolonged and incurable “minimally conscious state”, that she must continue to be kept alive with artificial nutrition and hydration, despite the evidence from her loved ones that she would have rejected such treatment, manifests an excessive concern for the “sanctity of life” and inadequate concern both for patients’ prior views values and autonomy and about the use of scarce health service resources on patients whose loved ones reliably report that they would have rejected those resources had they been able to do so.’

Transcipt

Gresham College, 12th February 2014

Source: www.gresham.ac.uk

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Manuela Sykes in dementia care court victory – BBC News

Posted February 26th, 2014 in anonymity, care homes, Court of Protection, mental health, news, social services by tracey

‘An 89-year-old woman who suffers from dementia and says she is “miserable” in a care home has won the first stage in a court fight to live in her own home. A Court of Protection judge has ruled Manuela Sykes can return to her flat where she has lived for 60 years on a one-month trial basis.’

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BBC News, 25th February 2014

Source: www.bbc.co.uk

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Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

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Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

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Regina v Avanzi – WLR Daily

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

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When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week

‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’

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Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

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RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

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Judge orders mentally ill woman to have forced caesarean – Daily Telegraph

‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’

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Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

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