Cases

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  

Summary This matter [1] related to a man HHJ Burrows named ‘Peter’, who was 19 years old at the time of the judgment. Peter had had what is described as a “troubled and abused life and he presents as a significant risk to children and vulnerable adu... Read more  

Summary This case concerned the treatment for leukaemia of a patient detained under the Mental Health Act 1983. Procedurally, there was a delay in bringing proceedings as a result of a dispute between the Trust responsible for the hospital where K ... Read more  

Summary This matter related to an appeal from orders made by Roberts J in July 2023, in which she was considering parallel proceedings in the Court of Protection and Family Division. The Court of Protection application related to J, described as bei... Read more  

Summary In this case, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time.  As he noted at paragraph 2: The first is whether, in order to satisfy the requirement under Article 5§... Read more  

Summary In this case Judd J had to consider an application for declarations with respect for K, a young person who was currently an inpatient in intensive care, with a progressive condition and whose treating doctors considered to be reaching the en... Read more