Category: Court of Protection

Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1 – Family Law Week

Posted April 9th, 2018 in children, Court of Protection, family courts, forced marriages, news, young persons by tracey

‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’

Full Story

Family Law Week, 8th April 2018

Source: www.familylawweek.co.uk

The ‘reasonable citizen’ — Sergei Skripal – UK Human Rights Blog

Posted March 27th, 2018 in blood products, chemical weapons, consent, Court of Protection, health, human rights, news, public interest by tracey

‘In Secretary of State for the Home Department v Sergei Skripal [2018] EWCOP 6, Mr Justice Williams made a best interests decision that blood samples could be taken by the Organisation for the Prohibition of Chemical Weapons from Sergei and Yulia Skirpal in order that the Organisation for the Prohibition of Chemical Weapons (OCPW) could undertake their own analysis to find evidence of possible nerve agents. Both Sergei and Yulia were and remain unconscious and in a critical condition, and were unable to consent to such blood samples being taken.’

Full Story

UK Human Rights Blog, 26th March 2018

Source: ukhumanrightsblog.com

Court of Protection: SRA regulation allows for immediate approval of trust corporations – Legal Futures

Posted February 13th, 2018 in Court of Protection, news, Solicitors Regulation Authority, trusts by sally

‘Trust corporations wanting to act as property and affairs deputies for incapacitated people must be regulated by the Solicitors Regulation Authority (SRA) to gain immediate approval, the Court of Protection (CoP) has ruled.’

Full Story

Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

Mental Capacity Guidance Note: A Brief Guide to Carrying out Capacity Assessments – 39 Essex Chambers

Posted November 24th, 2017 in consent, Court of Protection, mental health, news by sally

‘The purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

Full Story

39 Essex Chambers, 17th November 2017

Source: www.39essex.com

Court of Protection Rules 2017 – Courts and Tribunals Judiciary

Posted November 24th, 2017 in Court of Protection, press releases, regulations by tracey

‘As of 1 December 2017, the Court of Protection Rules 2017 come into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September 2016, been implemented by way of the Case Management Pilot. The Practice Directions supporting the 2007 Rules are replaced by the package of new Practice Directions supporting the 2017 Rules.’

Full press release

Courts and Tribunals Judiciary, 23rd November 2017

Source: www.judiciary.gov.uk

Law Pod UK Ep.16: A patient’s right to experimental medical treatment – 1 COR

Posted November 21st, 2017 in Court of Protection, human rights, medical treatment, news by sally

‘Rosalind English discusses a recent ruling in the Court of Protection which gives a patient, who is lacking capacity, the right to seek out experimental medical treatment.’

Full Story

Law Pod UK, 10th November 2017

Source: audioboom.com

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

Full Story

Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

Full Story

Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Right-to-die cases do not need to go to court, judge rules – Daily Telegraph

Posted September 21st, 2017 in assisted suicide, Court of Protection, euthanasia, judgments, medical treatment, news by sally

‘A judge has made a landmark ruling that legal permission will no longer be required by a court before life-supporting treatment is withdrawn from patients suffering from severely debilitating illnesses, lawyers say.’

Full Story

Daily Telegraph, 21st September 2017

Source: www.telegraph.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

Posted August 23rd, 2017 in consent, Court of Protection, damages, education, learning difficulties, local government, news, sexual offences by sally

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

Full Story

Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

Full Story

Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Mother asks court to permit doctors to cease care for ill daughter – The Guardian

Posted May 30th, 2017 in Court of Protection, euthanasia, families, medical treatment, news by sally

‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’

Full Story

The Guardian, 29th May 2017

Source: www.theguardian.com

Law Society launches mental capacity accreditation for Court of Protection – Local Government Lawyer

Posted March 28th, 2017 in Court of Protection, Law Society, learning difficulties, legal representation, mental health, news by sally

‘The Law Society has launched a new mental capacity accreditation for legal representatives serving the Court of Protection.’

Full story

Local Government Lawyer, 27th March 2017

Source: www.localgovernmentlawyer.co.uk

To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

Posted January 20th, 2017 in Court of Protection, damages, disabled persons, litigation friends, news, personal injuries by sally

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

Full story

Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

Sanctity of life v personal autonomy: Court of Protection – UK Human Rights Blog

Posted January 4th, 2017 in consent, Court of Protection, married persons, medical treatment, news by tracey

‘Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016). Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection judgement is a clear indication that judges – or some of them – are prepared to favour an individual’s autonomy over the traditional emphasis on the sanctity of life above all else.’

Full story

UK Human Rights Blog, 3rd January 2017

Source: www.ukhumanrightsblog.com

Judges criticise Court of Protection over jailing of woman for contempt – Local Government Lawyer

Posted December 14th, 2016 in contempt of court, Court of Protection, imprisonment, news by sally

‘Appeal judges have criticised the Court of Protection over a case in which a woman was jailed for contempt.’

Full story

Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Finance and Divorce Update, December 2016 – Family Law Week

Posted December 7th, 2016 in Court of Protection, disclosure, divorce, financial provision, jurisdiction, negligence, news, pensions, restraint orders, solicitors, trusts by tracey

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

Full story

Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

Family faces ‘decade of torture’ if bid to withdraw life support from vegetative Gulf War hero fails – Daily Telegraph

Posted November 28th, 2016 in consent, Court of Protection, medical treatment, news by tracey

‘The family of a Gulf War veteran left in a coma after a road accident say they face a decade of “torture” if their legal bid to remove his life support fails. Lindsey Briggs is campaigning for doctors to allow her husband Paul to “pass away with dignity”, 17 months after he collided head-on with a car using the wrong lane while riding his motorbike.’

Full story

Daily Telegraph, 27th November 2016

Source: www.telegraph.co.uk

Court of Protection Update (Autumn 2016): Part 2 – Family Law Week

Posted November 3rd, 2016 in costs, Court of Protection, litigants in person, news, reporting restrictions by tracey

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.’

Full story

Family Law Week, 2nd November 2016

Source: www.familylawweek.co.uk

Court of Protection extends pilot testing increased access for public and media – Courts and Tribunals Judiciary

Posted July 29th, 2016 in Court of Protection, pilot schemes, press releases, reporting restrictions by tracey

‘A pilot scheme which has allowed the public and media to gain greater access to Court of Protection hearings is to continue for a further 12 months.’

Full press release

Courts and Tribunals Judiciary, 28th July 2016

Source: www.judiciary.gov.uk