Six years, three judges, £350,000 in costs to the taxpayer… and no change: Judge hits out at ‘astonishing’ cost of Court of Protection case – The Independent

“A High Court Judge has hit out at the ‘astonishing’ cost of a six year legal battle in the Court of Protection which ended today after all parties agreed a woman should stay in care.”

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The Independent, 11th October 2013

Source: www.independent.co.uk

Court of Protection Update – Family Law Week

“Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.”

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Family Law Week, 20th September 2013

Source: www.familylawweek.co.uk

First judicial order for non-therapeutic male sterilisation – Sovereign Chambers

Posted September 3rd, 2013 in consent, learning difficulties, news, sterilisation by sally

“A father has become the first man to be sterilised on the orders of a court after a judge ruled that it was ‘in his best interests’. It is the first time in this jurisdiction that a court has made orders permitting the sterilisation for non-therapeutic reasons of a male unable to consent to such a procedure.”

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Sovereign Chambers, 30th August 2013

Source: www.sovereignchambers.co.uk

Sterilising an incapacitous male patient: an unnecessary decision? – Halsbury’s Law Exchange

“For the first time a court has sanctioned the sterilisation of an incapacitous male patient: see An NHS Trust v DE and others: [2013] EWHC 2562 (Fam): Mrs Justice Eleanor King in the Court of Protection: judgment handed down on 16 August 2013.”

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Halsbury’s Law Exchange, 27th August 2013

Source: www.halsburyslawexchange.co.uk

High Court upholds autonomy over fatherhood for learning disabled man – UK Human Rights Blog

“For the first time a UK court has permitted non therapeutic sterilisation of a male individual who, through learning disabilities, was unable to consent to such a procedure.”

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UK Human Rights Blog, 20th August 2013

Source: www.ukhumanrightsblog.com

Court sanctions sterilisation of man with learning difficulties – The Guardian

Posted August 16th, 2013 in learning difficulties, news, psychiatric damage, sterilisation by tracey

“A high court judge has for the first time sanctioned the sterilisation of a man because it is ‘in his best interests. ‘ ”

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The Guardian, 16th August 2013

Source: www.guardian.co.uk

High Court ruling due in man’s sterilisation case – BBC News

Posted August 16th, 2013 in learning difficulties, news, psychiatric damage, sterilisation by tracey

“A High Court judge is due to give her decision on whether to allow the first sterilisation of a man because it is ‘in his best interests.’ ”

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BBC News, 16th August 2013

Source: www.bbc.co.uk

High Court rejects challenge to maximum expenditure policy on adult care – Local Government Lawyer

“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

Woman with learning difficulties will be forcibly checked for possible cancer, judge rules – The Independent

Posted August 6th, 2013 in cancer, learning difficulties, medical treatment, news by sally

“A woman with severe learning difficulties who has refused to undergo medical examinations for a possible cancer of the uterus will be sedated and forcibly treated, a High Court judge ruled today.”

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The Independent, 6th August 2013

Source: www.independent.co.uk

Man with learning difficulties could be forcibly sterilised in UK first – Daily Telegraph

Posted August 5th, 2013 in children, Court of Protection, learning difficulties, news, sterilisation by sally

“A man with learning difficulties could become the first in the country to have a vasectomy on the orders of a judge in a case lawyers insist is ‘not covered by a shadow of eugenics’.”

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Daily Telegraph, 2nd August 2013

Source: www.telegraph.co.uk

Forced Marriage and Court of Protection – No. 5 Chambers

“In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation. This article explores the ‘typical’ forced marriage scenario, and how this compares to scenarios which crop up in the Court of Protection – where the mental capacity of the bride or groom is at the heart of the case. There is also an exploration of the case of [XCC v AA & Anor (Rev 3) [2012] EWHC 2183 (COP) (26 July 2012)] – a case in which Adreeja appeared in the first part of the litigation, and which merits close scrutiny.”

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No. 5 Chambers, 29th July 2013

Source: www.no5.com

NHS Trust in court battle to sterilise disabled man – Daily Telegraph

“An NHS trust is fighting a court battle to sterilise a man with moderate learning difficulties.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Guidelines needed to help lawyers provide a better service to people with learning disabilities

“A lack of experience in dealing with people with learning disabilities means lawyers often struggle to provide this vulnerable client group with the specialist support they need, according to new research published today.”

Full story (PDF)

Legal Services Board, 29th July 2013

Source: www.legalservicesboard.org.uk

Report: lawyers struggle with learning disability clients – Law Society’s Gazette

Posted July 29th, 2013 in learning difficulties, legal services, news, reports by sally

“Lawyers struggle to provide people with learning disabilities with the specialist support they need, according to new research published today.”

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Law Society’s Gazette, 29th July 2013

Source: www.lawgazette.co.uk

Joss Stone death plot man, Junior Bradshaw, jailed – BBC News

Posted July 9th, 2013 in conspiracy, learning difficulties, murder, news, robbery by sally

“A man who was involved in a plot to rob and murder soul singer Joss Stone has been jailed for 18 years.”

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BBC News, 9th July 2013

Source: www.bbc.co.uk

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent

“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”

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The Independent, 16th June 2013

Source: www.independent.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Priority need – NearlyLegal

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Mental Impairment – Identifying the signs – One Inner Temple Lane

Posted May 15th, 2013 in learning difficulties, mental health, news, trials by sally

“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”

Full story

One Inner Temple Lane, 8th May 2013

Source: www.1itl.com

“Is the test for capacity to cohabit the same as the test for capacity to marry?” – UK Human Rights Blog

Posted May 10th, 2013 in appeals, cohabitation, learning difficulties, mental health, news by sally

“It may seem strange that the same individual, with learning difficulties, can be considered to have capacity to marry, but not the capacity to decide whether to live with the person they have espoused. What, in essence, is marriage, that puts it on such a different footing to informal cohabitation?”

Full story

UK Human Rights Blog, 9th May 2013

Source: www.ukhumanrightsblog.com