On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.
Hardwicke Chambers, 23rd January 2013
Source: www.hardwicke.co.uk
“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.”
The Independent, 17th January 2013
Source: www.independent.co.uk
“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.”
UK Human Rights Blog, 7th January 2013
Source: www.ukhumanrightsblog.com
“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.”
The Independent, 12th December 2012
Source: www.independent.co.uk
“Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.”
Family Law Week, 6th December 2012
Source: www.familylawweek.co.uk
“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.”
The Guardian, 12th October 2012
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 15th October 2012
Source: www.telegraph.co.uk
“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.”
Daily Telegraph, 9th August 2012
Source: www.telegraph.co.uk
“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.”
Daiy Telegraph, 29th May 2012
Source: www.telegrpah.co.uk
“‘Living wills’ that stipulate exactly how a person wants to die should be drawn up with absolute clarity, a judge has ruled after concluding a 67-year-old man with motor neurone disease had made a ‘valid decision’ to refuse treatment.”
Daily Telegraph, 1st May 2012
Source: www.telegraph.co.uk
“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”
Full story (PDF)
No. 5 Chambers, 1st March 2012
Source: www.no5.com
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