‘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.’
BBC News, 25th February 2014
Source: www.bbc.co.uk
‘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.’
Family Law Week, 16th February 2014
Source: www.familylawweek.co.uk
‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’
Law Society’s Gazette, 10th February 2014
Source: www.lawgazette.co.uk
‘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.’
Family Law Week, 5th February 2014
Source: www.familylawweek.co.uk
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
‘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.’
Halsbury’s Law Exchange, 23rd January 2014
Source: www.halsburyslawexchange.co.uk
‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’
The Independent, 17th January 2014
Source: www.independent.co.uk
‘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.’
The Guardian, 16th January 2014
Source: www.guardian.co.uk
‘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.’
Halsbury’s Law Exchange, 10th January 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
The Independent, 3rd January 2014
Source: www.independent.co.uk
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
‘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.’
The Independent, 11th December 2013
Source: www.independent.co.uk
‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’
The Independent, 6th December 2013
Source: www.independent.co.uk
‘A man in a vegetative state should not be resuscitated if his condition deteriorates, a High Court judge has ruled.’
The Independent, 4th December 2013
Source: www.independent.co.uk
‘Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news.’
Halsbury’s Law Exchange, 3rd December 2013
Source: www.halsburyslawexchange.co.uk
‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
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