‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 18th March 2020
Source: spirebarristers.co.uk
‘An entire trial is being conducted over Skype in a legal first that lawyers say could be a model way to ensure court business continues during the Covid-19 pandemic.’
Law Society's Gazette, 19th March 2020
Source: www.lawgazette.co.uk
‘Deputies acting for incapacitated clients should seek permission from the court if they want to start litigation on their behalf, a judge has indicated.’
Law Society's Gazette, 9th March 2020
Source: www.lawgazette.co.uk
‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘Welcome to the February issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barrister, 14th February 2020
Source: spirebarristers.co.uk
‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’
Doughty Street Chambers, 17th January 2020
Source: insights.doughtystreet.co.uk
‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’
39 Essex Chambers, 11th November 2019
Source: www.39essex.com
‘I act as a Deputy for many clients, young and old, with different needs, requests and expectations. I manage their money and need to make best interest decisions daily. When a client lacks capacity to make a particular decision then it’s my job to help support them in making that decision. If they can’t make a particular financial decision then I become the “decision maker”.’
Family Law, 8th November 2019
Source: www.familylaw.co.uk
‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’
Local Government Lawyer, 30th October 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’
Family Law, 10th October 2019
Source: www.familylaw.co.uk
‘A judge has ruled that social services should not facilitate access to prostitutes for a man with learning disabilities who has a “high sex drive”.’
The Guardian, 7th October 2019
Source: www.theguardian.com
‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’
Transparency Project, 28th September 2019
Source: www.transparencyproject.org.uk
‘A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.’
Local Government Lawyer, 2nd July 2019
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2025