Cases

SummaryIn this case, HHJ Burrows helpfully busted some disturbingly frequent myths about DoLS.  The case concerned a young woman, personalised by the court with the name “Emma,” and for present purposes, the central passages of wider relevance a... Read more  

SummaryThis is the latest judgment in the long running Court of Protection proceedings about Ms MacPherson’s daughter. The matter came before the Court of Appeal on an appeal brought by Ms MacPherson against an order made by Poole J on 22 January 202... Read more  

SummaryIn Re P (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2), HHJ Burrows confirmed that the Court of Protection has the power to revoke a property and affairs deputyship (and, we would add also, a health and welfare deputysh... Read more  

On December 9 2024, the US Environmental protection Agency announced a ban on the solvents trichloroethylene (TCE) and perchloroethylene (PCE) for consumer use. TCE and PCE have been widely used as solvents in industrial applications, cleaners, ... Read more  

In another claim involving the Watling Street development at Motherwell, dating back to 2013, 36 individuals brought actions against Lanarkshire Housing Association Ltd alleging personal injury due to contaminants in the soil of the development: ... Read more  

There has been long running litigation in Scotland as regards “the Watling Street development” in Motherwell, where housing was built on land used as an iron and steel works from 1912-1939 and then during and after World War II by the Ministry of Sup... Read more  

On 21 November 2024, Laing J granted permission for a judicial review of Havering Council’s decision not to designate an illegal landfill site at Launders Lane in Rainham as contaminated land in proceedings brought by Ruth Kettle-Frisby, a Havering r... Read more  

SummaryThis case is a salutary tale in which a failure to provide a Deaf young man with a suitably equipped translator and/or assessor very nearly had the effect of writing off the abilities he had and seriously underestimating his capacity to make d... Read more  

SummaryThis was a leapfrog appeal from a Tier 2 Judge to the Court of Appeal; a relatively recent innovation.  It concerns the thorny issue of capacity to engage in sexual relations. At first instance HHJ Burrows had been confronted, t... Read more  

SummaryThis is a very sad case involving surrogacy. It was an application for a parental order by Mr and Mrs R, with respect to a 6 month old boy – in other words an order providing for the boy to be treated as their child. The surrogate mother, Ms A... Read more  

SummaryR (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of Liberty Safeguards are still not well understood. It concerned an appeal by a Registered Mental Health Nurse against the dec... Read more  

SummaryThis is the most recent in a long-running series of decisions concerning SF, a Scottish woman in her 40s with moderate intellectual disability, autism spectrum disorder, associated periods of severe anxiety, and a diagnosis of difficult to tre... Read more