‘The high cost of welfare cases in the Court of Protection is “a matter of serious concern” and – alongside the lengthy duration of such proceedings – requires urgent investigation, researchers at Cardiff University have said.’
Local Government Lawyer, 3rd February 2015
Source: www.localgovernmentlawyer.co.uk
‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’
UK Human Rights Blog, 29th January 2015
Source: www.ukhumanrightsblog.com
‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’
Judiciary of England and Wales, 12th December 2014
Source: www.judiciary.gov.uk
‘A judge has sharply criticised the delay and expense of proceedings in the Court of Protection, describing the relevant procedural rules as “inadequate”.’
Local Government Lawyer, 2nd December 2014
Source: www.localgovernmentlawyer.co.uk
Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493
‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’
WLR Daily, 18th November 2014
Source: www.iclr.co.uk
‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 16th October 2014
Source: www.iclr.co.uk
‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’
UK Human Rights Blog, 22nd October 2014
Source: www.ukhumanrightsblog.com
‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’
The Independent, 22nd October 2014
Source: www.independent.co.uk
‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’
Daily Telegraph, 17th October 2014
Source: www.telegraph.co.uk
‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘
UK Human Rights Blog, 15th October 2014
Source: http://ukhumanrightsblog.com
‘Denying individuals legal aid for complex Court of Protection cases is a false economy, a High Court judge has warned.’
Local Government Lawyer, 8th October 2014
Source: www.localgovernmentlawyer.co.uk
‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’
Local Government Lawyer, 24th September 2014
Source: www.localgovernmentlawyer.co.uk
‘This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.’
No. 5 Chambers, 18th September 2014
Source: www.no5.com
‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
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