Court of Protection – Page 9 – Current Awareness

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

Posted June 5th, 2020 in Court of Protection, hospitals, local government, medical treatment, news, official solicitor by sally

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

Posted May 29th, 2020 in causation, consent, costs, Court of Protection, disciplinary procedures, gender, inquests, medical records, medical treatment, news, paternity, surrogacy, transgender persons, vicarious liability by sally

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

Posted May 19th, 2020 in coronavirus, Court of Protection, deprivation of liberty safeguards, news, remote hearings by sally

‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’

Local Government Lawyer, 15th May 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19, Care Homes and Contact: BP v Surrey County Council & RP – Pump Court Chambers

Posted May 18th, 2020 in care homes, chambers articles, coronavirus, Court of Protection, elderly, families, news by sally

‘On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to clarify the reported judgment in relation to the law of derogation: BP v Surrey County Council & RP [2020] EWCOP 22.’

Pump Court Chambers, 14th May 2020

Source: www.pumpcourtchambers.com

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

Posted May 6th, 2020 in bereavement, care homes, coronavirus, Court of Protection, families, hospitals, human rights, news by sally

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

The Guardian, 5th May 2020

Source: www.theguardian.com

Court of Protection has power to grant injunctive relief, judge rules – Local Government Lawyer

Posted May 5th, 2020 in Court of Protection, injunctions, news by sally

‘The Court of Protection has the power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and its orders, a judge has concluded.’

Local Government Lawyer, 4th May 2020

Source: www.localgovernmentlawyer.co.uk

Re Z – transparency and participation in the Court of Protection – Transparency Project

Posted April 28th, 2020 in contraception, Court of Protection, disabled persons, judgments, news, practice directions, remote hearings by sally

‘A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20, is notable on two counts. First, that the case is described by the judge, Knowles J, as being held in public, although it was in fact a remote online hearing. Second, that “Z”, the 22 year old woman at the centre of the case had asked to be able to join the hearing but this had not been arranged.’

Transparency Project, 25th April 2020

Source: www.transparencyproject.org.uk

Court of Protection Newsletter – Spire Barristers

Posted April 24th, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the April 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, 20th April 2020

Source: spirebarristers.co.uk

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

Lessons from a groundbreaking Skype hearing – Litigation Futures

Posted April 14th, 2020 in coronavirus, Court of Protection, health, health & safety, live link evidence, medical treatment, news, remote hearings by sally

‘As the success of remote hearings sparks discussion – with many lawyers advocating for further adoption of these options post-coronavirus – retaining an even-handed view is key. Considering what stands to be lost as well as gained, and what steps can be taken to safeguard human connection and nuance, will be crucial.’

Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Guidance issued on remote access to Court of Protection – Local Government Lawyer

Posted April 1st, 2020 in codes of practice, coronavirus, Court of Protection, live link evidence, news by sally

‘The Vice-President of the Court of Protection has today (31 March) issued updated guidance on remote access to the court.’

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Daughter in CoP case questions “second-rate” Skype justice – Legal Futures

Posted April 1st, 2020 in child abduction, coronavirus, Court of Protection, families, live link evidence, medical treatment, news by sally

‘An academic who was present at the first Court of Protection hearing to be conducted over Skype last month has raised concerns over its impact on relatives and witnesses.’

Legal Futures, 1st April 2020

Source: www.legalfutures.co.uk

Remote justice: a family perspective – Transparency Project

Posted March 30th, 2020 in coronavirus, Court of Protection, courts, families, health, health & safety, live link evidence, news, remote hearings by sally

‘On Tuesday 17 March 2020, less than 24 hours after the Prime Minister’s announcement to the nation to avoid all non-essential contact due to COVID-19, I attended the first entirely remote hearing for the Court of Protection. I was there in a voluntary, non-official capacity to support someone I’ll call “Sarah”, whose father was at the centre of a serious medical treatment case.’

Transparency Project, 29th March 2020

Source: www.transparencyproject.org.uk

Re: ACC & Ors [2020] EWCOP 9 – 3PB

Posted March 26th, 2020 in chambers articles, conflict of interest, Court of Protection, law firms, news by sally

‘The case concerned the conflicts of interests that may arise where property and affairs
deputies employed by a law firm instruct that firm to carry out instructions for P, or to
conduct litigation on P’s behalf.’

3PB, 10th March 2020

Source: www.3pb.co.uk

Vice-President of Court of Protection issues further guidance for judges and practitioners on hearings – Local Government Lawyers

Posted March 25th, 2020 in codes of practice, coronavirus, Court of Protection, health, health & safety, news, remote hearings by sally

‘No hearings in the Court of Protection which require people to attend are to take place unless there is a genuine urgency and it is not possible to conduct a remote hearing, the Court’s Vice-President has said.’

Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

Posted March 24th, 2020 in children, coronavirus, Court of Protection, education, families, family courts, health, health & safety, news, school children by sally

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

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