Cases

Summary Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. Readers with long-ish memories will recall that Mostyn J took on the Supreme Court decision in full-frontal fashion in Rochdale MBC v KW [2... Read more  

Summary This case concerned a 36 year old autistic woman, Laura Wareham, who strongly asserted her own capacity to make decisions about the conduct of the proceedings, and in respect of her (i) residence; (ii) care and support; and (iii) contact wit... Read more  

Summary Hayden J has returned to the question of what, exactly, the ‘decision’ in question is where the issue is whether a person with cognitive impairments in receipt of a damages award should be told the amount of that award.   Previous judge... Read more  

Summary Practice Direction Practice Direction 9E supplements Part 9 of the Court of Protection Rules and deals with applications relating to statutory wills, codicils, settlements and other dealings with P's property.  Paragraph 9 of PD 9E pro... Read more  

This is the latest episode in the long running and highly contested proceedings concerning G, a 29-year-old woman, suffering from a profound, degenerative neurological condition.  The earlier judgments can be found at [2021] EWCOP 69) (judgment ... Read more  

Summary In this case, Poole J had to consider the capacity of woman to make decisions about: (1) the conduct of the proceedings; (2) residence; (3) care; (4) contact with others; (5) use of the internet and social media; (6) engagement in sexual rel... Read more  

Summary This judgment (from February 2024 but only recently made available on Bailii) considered an application to appeal the decision we covered in the July 2024 report of District Judge Simpson to bar two spouses (MA and AA, both of whom lacke... Read more  

Summary In this case, Poole J took the very unusual step of declining to recognise and enforce a foreign order under Schedule 3 to the MCA 2005.  It was particularly unusual because the order in question was not ‘foreign’ in a conventional sens... Read more  

Summary Arbuthnot J considered an appeal brought on behalf of VT by her litigation friend, the Official Solicitor, against a decision by a Circuit Judge (‘the CJ’) sitting in the Court of Protection, to conclude proceedings. The background to this ... Read more  

Summary This case concerned the obstetric treatment of CP, a 30 year old woman with a diagnosis of schizophrenia who was detained pursuant to s.3 MHA 1983 The acute Trust sought declarations and orders allowing it to provide a planned caesarean sect... Read more  

Summary This case (which we note here, because it could easily have been in the Court of Protection), concerned a 16 year old girl, AN, who had very recently been diagnosed with acute leukaemia.  After one night in hospital, she had discharged ... Read more  

Summary In GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke.  In the period following November 2023, Hayden J identified that there had... Read more