“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”
The Independent, 1st April 2010
Source: www.independent.co.uk
Pitt and another v Holt and another [2010] WLR (D) 2
“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”
WLR daily, 19th January 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Committee set up to review the Court of Protection Rules 2007.”
Judiciary of England and Wales, 4th December 2009
Source: www.judiciary.gov.uk
“A secretive court which handles some of the most difficult and sensitive cases in England and Wales is to open to the media for the first time, after a successful legal challenge by The Independent.”
The Independent, 13th November 2009
Source: www.independent.co.uk
“The Justice Secretary Jack Straw has responded to recent media coverage regarding the Office of the Public Guardian and the Court of Protection.”
Ministry of Justice, 4th November 2009
Source: www.justice.gov.uk
“A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.”
Daily Telegraph, 25th October 2009
Source: www.telegraph.co.uk
“Closed court hearings involving some of the most difficult and sensitive cases in England and Wales could soon be opened to the public following a legal challenge brought by The Independent.”
The Independent, 6th October 2009
Source: www.independent.co.uk
In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41
“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”
WLR Daily, 10th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A new organisation looking after the interests of some of the most vulnerable people in society starts work on Monday 1 October. The Office of the Public Guardian (OPG), introduced under the Mental Capacity Act 2005, will provide legal protection for thousands of people lacking the mental capacity to make decisions themselves.”
Ministry of Justice, 28th September 2007
Source: www.justice.gov.uk
“Government response to the public’s views on proposed fees for the new Court of Protection and the Office of the Public Guardian was published today.”
Department for Constitutional Affairs press release, 30th April 2007
Source: www.gnn.gov.uk
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