‘A judge sitting in the Court of Protection has highlighted the “crucial significance” of issuing proceedings promptly, after finding a failure by a hospital to address a man’s best interests in a timely way, which “compromised his dignity”.’
Local Government Lawyer, 14th March 2025
Source: www.localgovernmentlawyer.co.uk
‘In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple with a question that had not been the subject of a previous reported decision: what can the Court of Protection do in respect of a child, whose property and affairs (including assets in England & Wales) are subject to deputyship, but who is no longer habitually resident in England & Wales? The Official Solicitor argued that the court no longer had jurisdiction to determine the deputy’s request for authorities in respect of expenditure from her funds. The deputy sought to argue that it did, either by virtue of the operation of s.47 MCA 2005 (importing the powers, rights and privileges of the High Court), or on a pragmatic basis.’
Mental Capacity Law and Policy, 1st March 2025
‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’
Spire Barristers, 7th January 2025
Source: www.spirebarristers.co.uk
‘Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.’
Local Government Lawyer, 19th February 2025
Source: www.localgovernmentlawyer.co.uk
‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’
Mental Capacity Law and Policy, 13th January 2025
‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’
Local Government Lawyer, 13th December 2024
Source: www.localgovernmentlawyer.co.uk
‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’
Local Government Lawyer, 12th December 2024
Source: www.localgovernmentlawyer.co.uk
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In the Health, Welfare and Deprivation of Liberty Report: anticipatory declarations; systemic failure in considering PDOC patients, and the CQC and DoLS.’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’
Mental Capacity Law and Policy, 24th October 2024
‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.’
Local Government Lawyer, 23rd October 2024
Source: www.localgovernmentlawyer.co.uk
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’
39 Essex Chambers, 1st September 2024
Source: www.39essex.com
© Inner Temple Library 2025