An NHS Trust v AF & Anor

An NHS Trust v AF & Anor

Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The… Read more »

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P v Griffith

Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »

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DP v LB Hillingdon

Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

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Re D (A young man)

In this case, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA… Read more »

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Sherwood Forest Hospitals NHS Foundation Trust & Anor v H

This latest example of delay in bringing and then resolving an application relating to medical treatment was “not only inimical but […] potentially fatal” to the person in question.  It… Read more »

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Re Z

Summary Morgan J had made a detailed substantive order on the papers in mixed health and welfare and property and affairs proceedings concerning Z. In that order: The court made… Read more »

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Re P (Court of Protection: Transparency)

There have been very few judgments on the operation of the transparency provisions of the Court of Protection.   One has recently appeared on Bailii (although decided last year): Re P (Court… Read more »

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Bagguley v E

Summary that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity.  In this, he… Read more »

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London Borough of Southwark v NP & Ors

Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »

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Mustard v Flower

This case addresses the question of the lawfulness (or otherwise) of covertly recording an assessment by a medical practitioner. The Claimant in this case was a victim of a road… Read more »

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