‘Welcome to the latest 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, 10th February 2021
Source: spirebarristers.co.uk
‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’
Local Government Lawyer, 27th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.’
Local Government Lawyer, 17th December 2020
Source: www.localgovernmentlawyer.co.uk
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’
Law Pod UK, 30th November 2020
Source: audioboom.com
‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’
3PB, November 2020
Source: www.3pb.co.uk
‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’
39 Essex Chambers, 15th October 2020
Source: www.39essex.com
‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
‘Welcome to the latest 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, 8th October 2020
Source: spirebarristers.co.uk
‘The recent judgment in DP v London Borough of Hillingdon [2020] EWCOP 45 has important implications for interim declarations of capacity in s21A proceedings in the Court of Protection.’
Doughty Street Chambers, 1st October 2020
Source: insights.doughtystreet.co.uk
‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’
Local Government Lawyer, 5th October 2020
Source: www.localgovernmentlawyer.co.uk
‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’
Local Government Lawyer, 6th October 2020
Source: www.localgovernmentlawyer.co.uk
‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’
Family Law, 16th September 2020
Source: www.familylaw.co.uk
‘A 12-year-old boy with brain injuries will have his treatment withdrawn after a High Court judge found it was not in his best interests to prolong life.’
BBC News, 1st September 2020
Source: www.bbc.co.uk
‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’
Pump Court Chambers, 6th August 2020
Source: www.pumpcourtchambers.com
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