Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Right-to-die cases do not need to go to court, judge rules – Daily Telegraph

Posted September 21st, 2017 in assisted suicide, Court of Protection, euthanasia, judgments, medical treatment, news by sally

‘A judge has made a landmark ruling that legal permission will no longer be required by a court before life-supporting treatment is withdrawn from patients suffering from severely debilitating illnesses, lawyers say.’

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Daily Telegraph, 21st September 2017

Source: www.telegraph.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

Full Story

Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Mother asks court to permit doctors to cease care for ill daughter – The Guardian

Posted May 30th, 2017 in Court of Protection, euthanasia, families, medical treatment, news by sally

‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’

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The Guardian, 29th May 2017

Source: www.theguardian.com

Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

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Local Government Lawyer, 27th March 2017

Source: www.localgovernmentlawyer.co.uk

To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

Sanctity of life v personal autonomy: Court of Protection – UK Human Rights Blog

Posted January 4th, 2017 in consent, Court of Protection, married persons, medical treatment, news by tracey

‘Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016). Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection judgement is a clear indication that judges – or some of them – are prepared to favour an individual’s autonomy over the traditional emphasis on the sanctity of life above all else.’

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UK Human Rights Blog, 3rd January 2017

Source: www.ukhumanrightsblog.com

Judges criticise Court of Protection over jailing of woman for contempt – Local Government Lawyer

Posted December 14th, 2016 in contempt of court, Court of Protection, imprisonment, news by sally

‘Appeal judges have criticised the Court of Protection over a case in which a woman was jailed for contempt.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Finance and Divorce Update, December 2016 – Family Law Week

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

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Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

Family faces ‘decade of torture’ if bid to withdraw life support from vegetative Gulf War hero fails – Daily Telegraph

Posted November 28th, 2016 in consent, Court of Protection, medical treatment, news by tracey

‘The family of a Gulf War veteran left in a coma after a road accident say they face a decade of “torture” if their legal bid to remove his life support fails. Lindsey Briggs is campaigning for doctors to allow her husband Paul to “pass away with dignity”, 17 months after he collided head-on with a car using the wrong lane while riding his motorbike.’

Full story

Daily Telegraph, 27th November 2016

Source: www.telegraph.co.uk

Court of Protection Update (Autumn 2016): Part 2 – Family Law Week

Posted November 3rd, 2016 in costs, Court of Protection, litigants in person, news, reporting restrictions by tracey

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.’

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Family Law Week, 2nd November 2016

Source: www.familylawweek.co.uk

Court of Protection extends pilot testing increased access for public and media – Courts and Tribunals Judiciary

‘A pilot scheme which has allowed the public and media to gain greater access to Court of Protection hearings is to continue for a further 12 months.’

Full press release

Courts and Tribunals Judiciary, 28th July 2016

Source: www.judiciary.gov.uk

Agoraphobic can be sedated and taken from home to undergo eye surgery, judge rules – Daily Telegraph

‘An agoraphobic woman can be sedated and taken from the home she has hardly left for many years so doctors can perform an eye operation, a judge has ruled.’

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Daily Telegraph, 7th July 2016

Source: www.telegraph.co.uk

Retired company director fined and reprimanded for destroying his own mother’s grave – Daily Telegraph

‘A retired company director has paid £4,500 in costs after being reprimanded by a judge for vandalising his own mother’s gravestone with a hammer.’

Full story

Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk

Judge: no resuscitation for churchgoer who would ‘accept death as God’s will’ – Daily Telegraph

Posted June 24th, 2016 in consent, Court of Protection, elderly, families, medical treatment, news by tracey

‘A judge overruled the daughter of a devout Christian who insists her dying father would want to be resuscitated – remarking that he would surely “accept death as God’s will”.’

Full story

Daily Telegraph, 23rd June 2016

Source: www.telegraph.co.uk

Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

Full story

UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

Woman who died after ‘losing sparkle’ cannot be named, court rules – The Guardian

‘The court of protection has declined to name a 50-year-old woman who died after refusing life-saving kidney treatment because she said life had lost its “sparkle”.’

Full story

The Guardian, 25th April 2016

Source: www.guardian.co.uk