Court of Protection – Page 16 – Current Awareness

Our advance directives about how we should die should be respected – Court of Protection – UK Human Rights Blog

Posted June 3rd, 2014 in Court of Protection, human rights, medical treatment, news by sally

‘In a careful and humane judgment, the Court of Protection has demonstrated that the law is capable of overlooking the stringent requirements of the conditions governing advance directives, and stressed that a “holistic” view of the patients’ wishes and feelings must be adopted, if those point to the withdrawal of life saving treatment.’

UK Human Rights Blog, 2nd June 2014

Source: www.ukhumanrightsblog.com

Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

Posted May 17th, 2014 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, families, human rights, local government, news by sally

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

Posted May 13th, 2014 in Court of Protection, human rights, media, mental health, news, public interest, third parties, trials by sally

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

Posted May 9th, 2014 in care homes, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, news by sally

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

Baby in Alessandra Pacchieri forced caesarean case adopted – The Guardian

Posted April 16th, 2014 in adoption, birth, children, consent, Court of Protection, Italy, mental health, news by tracey

‘The daughter of an Italian woman who had a forced caesarean section while in the UK has been adopted by “good and loving people”, the country’s top family judge has announced.’

The Guardian, 15th April 2014

Source: www.guardian.co.uk

Court calls for ‘love coach’ to help vulnerable man find happiness – Daily Telegraph

Posted April 4th, 2014 in Court of Protection, learning difficulties, news by sally

‘Man with learning difficulties should be coached on how to behave before he goes out in search of a partner, Court of Protection judge says.’

Daily Telegraph, 4th April 2014

Source: www.telegraph.co.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

Posted March 5th, 2014 in anonymity, children, Court of Protection, disclosure, families, family courts, freedom of expression, injunctions, local government, media, news, privacy, reporting restrictions by sally

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

The Sanctity Of Life Law Has Gone Too Far – Gresham College

Posted February 26th, 2014 in assisted suicide, Court of Protection, euthanasia, lectures, medical treatment by tracey

‘Professor Gillon would argue that the judgment in the case of a patient in prolonged and incurable “minimally conscious state”, that she must continue to be kept alive with artificial nutrition and hydration, despite the evidence from her loved ones that she would have rejected such treatment, manifests an excessive concern for the “sanctity of life” and inadequate concern both for patients’ prior views values and autonomy and about the use of scarce health service resources on patients whose loved ones reliably report that they would have rejected those resources had they been able to do so.’

Gresham College, 12th February 2014

Source: www.gresham.ac.uk

Court of Protection Update – Family Law Week

Posted February 17th, 2014 in Court of Protection, deprivation of liberty safeguards, guardianship, jurisdiction, news, practice directions, reporting restrictions by sally

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Regina v Avanzi – WLR Daily

Posted February 12th, 2014 in appeals, consent, Court of Protection, interpretation, law reports, learning difficulties, sexual offences, standard of proof by sally

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Mental capacity ruling over retainer – Law Society’s Gazette

Posted February 10th, 2014 in appeals, contracts, costs, Court of Protection, fees, medical treatment, negligence, news, solicitors by tracey

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection – Family Law Week

Posted February 6th, 2014 in care orders, children, Court of Protection, disabled persons, fostering, mental health, news, parental responsibility, remuneration by sally

‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Judge orders mentally ill woman to have forced caesarean – Daily Telegraph

Posted February 3rd, 2014 in birth, consent, Court of Protection, medical treatment, mental health, news, pregnancy, restraint by tracey

‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’

Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

Posted January 23rd, 2014 in anonymity, Court of Protection, family courts, media, news, privacy, reporting restrictions by sally

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Essex council sells elderly man’s £24,000 Pissarro painting to pay towards his care home fees – The Independent

Posted January 20th, 2014 in care homes, Court of Protection, elderly, fees, local government, news by sally

‘A painting belonging to an elderly man has been sold for £24,000 to help pay for his care home fees, a council said.’

The Independent, 17th January 2014

Source: www.independent.co.uk

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

The Guardian, 16th January 2014

Source: www.guardian.co.uk

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