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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Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

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Essex council sells elderly man’s £24,000 Pissarro painting to pay towards his care home fees – The Independent

Posted January 20th, 2014 in care homes, Court of Protection, elderly, fees, local government, news by sally

‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’

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The Independent, 17th January 2014

Source: www.independent.co.uk

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Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

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Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’

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Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

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Mental health patients being denied human rights in court, warn leading lawyers – The Independent

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

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The Independent, 3rd January 2014

Source: www.independent.co.uk

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Sir James Munby: Caesarean mother case shows need for “radical change” in family courts – Daily Telegraph

‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’

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Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

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JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

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Pregnant woman with ‘very severe’ mental health problems could be forced to have Caesarean – The Independent

Posted December 12th, 2013 in birth, Court of Protection, medical treatment, mental health, news by sally

‘A pregnant woman with “very severe” mental health problems could be forcibly sedated and have her baby delivered via Caesarean section against her will if the need arose, a High Court Judge has ruled.’

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The Independent, 11th December 2013

Source: www.independent.co.uk

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