‘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.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Human Rights Blog, 2nd June 2014
Source: www.ukhumanrightsblog.com
‘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.’
Daily Telegraph, 17th May 2014
Source: www.telegraph.co.uk
‘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.’
UK Human Rights Blog, 12th May 2014
Source: www.ukhumanrightsblog.com
‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’
Daily Telegraph, 8th May 2014
Source: www.telegraph.co.uk
‘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.’
Daily Telegraph, 4th April 2014
Source: www.telegraph.co.uk
‘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.’
Family Law Week, 4th March 2014
Source: www.familylawweek.co.uk
‘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.’
Gresham College, 12th February 2014
Source: www.gresham.ac.uk
‘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
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