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Judge orders that patient be operated on against her will
DH NHS Foundation Trust v PS (by her litigation friend, The Official Solicitor) [2010] EWHC 1217 (Fam) – Read judgment The head of the Family Division, Sir Nicholas Wall, has ordered that a woman with...
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Deprivation of liberty best interests test compatible with human rights law...
G v E and others [2010] EWCA Civ 822 – Read judgment This post was written with the kind help of Jaime Lindsey The Court of Appeal has held that a person who lacks mental capacity can be detained if...
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Contraception, capacity and coercion: when does a woman lack capacity to...
A Local Authority v Mrs A, by her Litigation Friend, the Official Solicitor, and Mr A [2010] EWHC 1549 (Fam) – Read judgment In the first case of its kind, the court was asked to consider whether a...
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Bipolar patient has capacity to decide to terminate pregnancy
Re SB (A patient; capacity to consent to termination) [2013] EWHC 1417 (COP) 21 May 2013 – read judgment Sidney Chawatama of 1 Crown Office Row represented the husband of the patient in this case. He...
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Islamic “marriage” ceremony at home declared invalid by Court of Protection
A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013] – read judgment A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the...
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“A gilded cage is still a cage”– Supreme Court on deprivation of liberty for...
Surrey County Council v P and Others, Equality and Human Rights Commission and others intervening [2014] UKSC 19 (March 19, 2014) – read judgment Elizabeth-Anne Gumbel QC, Henry Witcomb and Duncan...
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Court of Protection orders continued reporting restrictions after death
In the matter of proceedings brought by Kings College NHS Foundation Trust concerning C (who died on 28 November 2015) v The Applicant and Associated Newspapers Ltd and others [2016] EWCOP21 – read...
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Court authorises experimental treatment for CJD patient
University College London Hospital and others v KG (by his litigation friend the Official Solicitor) [2018] EWCOP 29 This case concerned a man, KG, who suffered from the human prion disease CJD. As...
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Mental capacity for handling the internet: Court of Protection
A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s...
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Mental capacity for social media and the internet: another Court of...
Photo by Tracy Le Blanc on Pexels.com Re: A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 The patient in these proceedings was a woman in her thirties (“B”). She suffers a...
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Autonomy and the role of the Official Solicitor – whose interests are really...
R.P. and others v United Kingdom (9 October 2012) – read judgment The day before our seminar on the Court of Protection and the right to autonomy, the Strasbourg Court has ruled on a closely related...
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Dignity, Death and Deprivation of Liberty: Human Rights in the Court of...
Wednesday’s debate on current key topics in the Court of Protection was a hard-hitting discussion on matters which elicit strong views, such as voluntary euthanasia, assisted suicide, the role of...
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Irascible does not mean incapable – Court of Protection
Wandsworth Clinical Commissioning Group v IA (By the Official Solicitor as his Litigation Friend) [2014] EWHC 990 (COP) 3 April 2014 – read judgment This was a case about determination of mental...
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Press has no direct role in welfare proceedings in Court of Protection
G (Adult), Re [2014] (Associated Newspapers Limited intervening) EWCOP 1361 (1 May 2014) – read judgment Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no...
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Transparency in the Court of Protection: press should be allowed names
A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015) – read judgment The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting...
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Court of Protection upholds the right of a confused, lonely man to refuse...
Wye Valley NHS Trust v B (Rev 1) [2015] EWCOP 60 (28 September 2015) – read judgment The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving...
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Capacity to consent to chemotherapy?
University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31 This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals...
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The Round Up: CPS performance statistics and rumours of prosecution “targets”
In the News: On 30 July 2020, the Crown Prosecution Service published its performance statistics on sexual violence cases for the year 2019-20, which vindicate long-held concerns about the “damning”...
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Force feeding not in anorexia patient’s best interests
Northamptonshire Healthcare NHS Foundation Trust v AB [2020] EWCOP 40 In this carefully nuanced judgment, the Court of Protection has ruled that although a patient with a chronic eating disorder would...
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Our advance directives about how we should die should be respected – Court of...
UPDATE | The 1COR event which this post previously referred to is now full, so please do not turn up unless you have registered. Sheffield Teaching Hospitals NHS Foundation Trust v TH and Anor [2014]...
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