Private Trusts and the Court of Protection – No. 5 Chambers

Posted April 17th, 2013 in Court of Protection, damages, gifts, news, trusts by sally

“The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court is responsible for determining disputes as to the registration of enduring powers of attorney (“EPA”), and Lasting Powers of Attorney (‘LPA’), appointing new trustees, authorising certain gifts and making statutory wills.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

Court of Protection Update – Family Law Week

“Sally Bradley and Michael Edwards, barristers at 4 Paper Buildings, look at recent decisions on capacity in the Court of Protection.”

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Family Law Week, 12th April 2013

Source: www.familylawweek.co.uk

Gravely ill woman who ran away from home should not be reunited with family, court rules – The Independent

Posted March 28th, 2013 in Court of Protection, families, mental health, news by tracey

“The Court of Protection has ruled that a 64-year-old woman who disappeared for months after she ran away with a neighbour and subsequently suffered a massive stroke should not be reunited with her family despite their fervent wish to see her again.”

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The Independent, 27th March 2013

Source: www.independent.co.uk

Judge blocks sterilisation of Down’s Syndrome woman – Daily Telegraph

“The parents of a ‘tactile’ and ‘affectionate’ woman with Down’s syndrome have been forbidden from having her sterilised to ally their fears that she might become pregnant.”

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Daily Telegraph, 16th February 2013

Source: www.telegraph.co.uk

Three notorious Court of Protection hearings – The Independent

Posted January 31st, 2013 in abortion, Court of Protection, freedom of movement, homosexuality, news by sally

“After doctors today told the High Court that an Iranian immigrant on hunger strike must be force fed because a ‘delusional disorder’ renders him incapable of a decision on starvation, we look back at three other notorious Court of Protection hearings.”

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The Independent, 30th January 2013

Source: www.independent.co.uk

Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

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Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

Doctors ask court to decide whether refugee on hunger strike can be forcibly fed – The Independent

Posted January 18th, 2013 in Court of Protection, news, passports, refugees by tracey

“Doctors have asked a court to decide whether a refugee on hunger strike can be forcibly fed. The man, who cannot be named for legal reasons and is referred to in court documents as ‘A’, went on hunger strike to demand that the UK Border Agency returns his passport.”

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The Independent, 17th January 2013

Source: www.independent.co.uk

Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian

“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”

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The Guardian, 10th January 2013

Source: www.guardian.co.uk

Doctors seek court order to carry out abortion on mentally disabled woman – Daily Telegraph

“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”

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Daily Telegraph, 7th January 2013

Source: www.telegraph.co.uk

Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

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UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

The Court of Protection is subject to unprecedented scrutiny. But there’s still a long way to go – The Independent

“The Independent’s campaign to gain access to the court that deals with Britain’s most vulnerable has made great strides for open justice. Our reporter explains how.”

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The Independent, 12th December 2012

Source: www.independent.co.uk

Court of Protection Update – Family Law Week

Posted December 7th, 2012 in Court of Protection, joinder, jurisdiction, medical treatment, news by sally

“Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.”

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Family Law Week, 6th December 2012

Source: www.familylawweek.co.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Dignity, Death and Deprivation of Liberty: Human Rights in the Court of Protection – The Guardian

Posted October 18th, 2012 in assisted suicide, Court of Protection, euthanasia, human rights, news by sally

“Wednesday’s debate on current key topics in the Court of Protection was a hard-hitting discussion on matters which elicit strong views, such as voluntary euthanasia, assisted suicide, the role of ‘dignity’ and ‘sanctity of life’, and whether the latter two principles can ever be reconciled.”

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The Guardian, 12th October 2012

Source: www.guardian.co.uk

Woman who does not believe she has cancer can undergo operation – Daily Telegraph

Posted October 16th, 2012 in cancer, Court of Protection, health, medical treatment, mental health, news by tracey

“A schizophrenic woman who does not believe she has cancer can now undergo a risky operation against her wishes that could save her life, on the orders of a senior judge.”

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Daily Telegraph, 15th October 2012

Source: www.telegraph.co.uk

Judge rules that doctors can withhold treatment in ‘desperately sad’ case – Daily Telegraph

Posted August 10th, 2012 in Court of Protection, medical treatment, news by tracey

“A judge has allowed doctors to stop trying to treat a seriously ill hospital patient who has a needle phobia and physically resists help from medics, in what she called a ‘desperately sad’ case.”

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Daily Telegraph, 9th August 2012

Source: www.telegraph.co.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, August 2012

Source: www.39essex.com

Kidney failure patient forced to have dialysis – Daily Telegraph

“The man, who cannot be identified for legal reasons, had resisted dialysis and doctors believe that without it he will die within weeks. Managers at the hospital where he is being treated applied to the Court of Protection for legal permission to use proportionate restraint, if necessary, to force him to have the life saving treatment.”

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Daiy Telegraph, 29th May 2012

Source: www.telegrpah.co.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, May 2012

Source: www.39essex.com

Court of Protection Update – Family Law Week

Posted May 14th, 2012 in consent, Court of Protection, DNA, mental health, news, sexual offences, wills by sally

“Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.”

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Family Law Week, 11th May 2012

Source: www.familylawweek.com