Top judge calls for more Court of Protection cases to be made public – The Independent
“A leading judge has called for more cases in the Court of Protection to be made public.”
The Independent, 19th September 2013
Source: www.independent.co.uk
Category: Court of Protection
Thousands of UK citizens ‘detained unlawfully’ – Law Society’s Gazette
“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”
Law Society’s Gazette, 12th August 2013
Source: www.lawgazette.co.uk
Man with learning difficulties could be forcibly sterilised in UK first – Daily Telegraph
“A man with learning difficulties could become the first in the country to have a vasectomy on the orders of a judge in a case lawyers insist is ‘not covered by a shadow of eugenics’.”
Daily Telegraph, 2nd August 2013
Source: www.telegraph.co.uk
Council wins right to sell family assets to pay care bill – Daily Telegraph
“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”
Daily Telegraph, 19th July 2013
Source: www.telegraph.co.uk
Revealed: How UK justice is dispensed out of hours down the phone line – The Independent
“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”
The Independent, 24th June 2013
Source: www.independent.co.uk
Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent
“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”
The Independent, 16th June 2013
Source: www.independent.co.uk
Secret Courts – BBC Unreliable Evidence
“Leading human rights barrister Dinah Rose challenges cabinet minister Ken Clarke over the Government’s extension of the use of secret courts.”
BBC Unreliable Evidence, 5th June 2013
Source: www.bbc.co.uk
Statutory Wills Update – Thirty Nine Essex Street
“This paper addresses the exercise by the Court of Protection of its power under s.18(1)(i) Mental Capacity Act 2005 (‘MCA 2005’) to execute a will for P where P is incapable of making a valid will for him or herself. Such so-called statutory wills (although the phrase does not in fact appear in the MCA 2005) are a very powerful tool that the Court can deploy to protect P and, in particular, P’s estate. Having set the statutory scene, this paper address two key aspects of the Court’s jurisdiction in this regard: (1) the assessment of P’s best interests; and (2) the assessment of P’s testamentary capacity (and, linked, how this assessment relates to the assessment that is undertaken outside the Court’s jurisdiction).”
Full story (PDF)
Thirty Nine Essex Street, May 2013
Source: www.39essex.com
Woman jailed by ‘secret court’ for taking father out of care home talks for first time of her ordeal – Daily Telegraph
“A woman jailed by a ‘secret court; for trying to take her dying father out of his care home and fly him to Turkey has spoken about her ordeal for the first time.”
Daily Telegraph, 30th May 2013
Source: www.telegraph.co.uk
Bipolar patient has capacity to decide to terminate pregnancy – UK Human Rights Blog
“The patient in this case was a 37 year old highly intelligent graduate who worked in IT. For the past 8 years she presented with symptoms which were diagnosed as those of bi-polar disorder. She had been detained under compulsory or similar powers at various times in Italy, in France and here in England.”
UK Human Rights Blog, 24th May 2013
Source: www.ukhumanrightsblog.com
Bipolar woman wins High Court battle for right to have abortion – The Independent
“A pregnant woman with severe mental health problems is expected to have an abortion after a High Court judge ruled that she was capable of making the decision.”
The Independent, 21st May 2013
Source: www.independent.co.uk
Judge to rule if man can refuse help for cancer – Daily Telegraph
“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”
Daily Telegraph, 20th May 2013
Source: www.telegraph.co.uk
Court of Protection openness call by justice secretary – BBC News
“The justice secretary has asked a senior judge to consider whether the court dealing with the affairs of mentally incapable people in England and Wales can become more open.”
BBC News, 2nd May 2013
Source: www.bbc.co.uk
Private Trusts and the Court of Protection – No. 5 Chambers
“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.”
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.”
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
“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.”
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.”
Daily Telegraph, 16th February 2013
Source: www.telegraph.co.uk
Three notorious Court of Protection hearings – The Independent
“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.”
The Independent, 30th January 2013
Source: www.independent.co.uk
