Cases

SummaryIn this case, HHJ Millar set out a helpful worked example of determining whether a person’s habitual residence has changed following a loss of capacity, and where the move has not been at the behest of professionals, but family members. A... Read more  

SummarySpivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is placing upon non-consensual psychiatric admission and treatment.  It is particularly timely for those in England &am... Read more  

SummaryIn this case, MacDonald J was concerned with applications by the parents of a 17 year old for orders under the Children Act 1989 and / or the inherent jurisdiction of the High Court. The parents principally sought a declaration that B lac... Read more  

SummaryThis case is of interest to litigation friends in the Court of Protection. An elderly woman with moderate dementia was living at home with 24-hour supervision provided by her family and paid carer. She was urgently admitted to hospital feeling... Read more  

SummaryThe local authority sought continuation of an order to authorise the deprivation of liberty of a 15 year old under a care order in a placement. She wanted to return to live with her mother.(i) Exploring s.25 accommodationRather than considerin... Read more  

SummaryMs Macpherson had been involved in CoP proceedings for some time and had been found in contempt of court due to publishing information about her daughter online. She issued an application for permission to appeal in the committal proceedi... Read more  

SummaryIn University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked to decide that continuation of clinically assisted nutrition and hydration (‘CANH’) through a nasogastric (‘NG’) tube... Read more  

Six members of 39 Essex Chambers appear in landmark appeal - Newcastle Upon Tyne Hospitals NHS Foundation Trust and Anr v Abbasi and Anr [2025] UKSC 15.How should a bereaved parent’s freedom of speech be balanced against doctor’s or nurse’s right to ... Read more  

SummaryCobb J sketched the outlines of this complex case after an introduction reinforcing that “determination of an adult's capacity represents the crucial jurisdictional gateway to the exercise of the Court of Protection's powers to make orders, as... Read more  

SummaryThe person at the centre of this matter, ‘P,’ was an unnamed person who had previously been in the public eye, and significant wealth. P was now elderly, had severe dementia and was unable to communicate; he appears to have lost capacity to ma... Read more  

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