Re P (Court of Protection: Transparency)

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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M and H v P

Summary In this case the court was considering an application that the court should authorise the making of a statutory will on P’s behalf and the issue arose of whether… Read more »

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Re M (Children) (Disclosure to the Police)

Summary This was an appeal to the Court of Appeal by parents against a decision of Keehan J’s in care proceedings, acceding to an application brought by the police for… Read more »

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Cheshire West And Chester Council v PWK

In this case, Sir Mark Hedley had to consider (in the context of a s.21A challenge) whether a young man, PWK, had capacity to make decisions in relation to residence;… Read more »

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The Royal Bournemouth and Christchurch Hospital NHS Foundation Trust and Dorset Healthcare University NHS Foundation Trust v SE

Summary The issue in this case (decided in November 2018, but appearing on Bailii in August 2019) was whether it was in SE’s best interests to have her right leg… Read more »

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An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)

Summary Background Ever since the decision of the House of Lords in Bland, it has been recognised that CANH constitutes a medical treatment and that (as with any other medical… Read more »

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Re Z

Summary Although given a Chancery Division neutral citation, this was a procedural application in existing Court of Protection proceedings concerning the capacity of an elderly man (Z) to manage his… Read more »

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