By Celia Kitzinger, 27th August 2024 It’s probably safe to assume – unless you’re told otherwise – that if a Transparency Order prevents you from naming a public body, it’s a mistake. That’s been true of the vast majority of cases we’ve encountered. But even when it’s a mistake, if it’s in a court Order,Continue reading “What to do if the Transparency Order prevents you from naming a public body”
Author Archives: openjusticecourtofprotection
Prohibition on identifying Public Guardian is “mistake not conspiracy”, says Judge
By Celia Kitzinger and Georgina Baidoun, 21st August 2024 (Updated 9th November after receiving response from HMCTS) On 1st February 2024 a member of the public, Georgina Baidoun, observed a hearing concerning an application by the Public Guardian to discharge an attorney. She was sent a Transparency Order prohibiting her from identifying “the OPG” (the Office of the PublicContinue reading “Prohibition on identifying Public Guardian is “mistake not conspiracy”, says Judge”
Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing
By Claire Martin, 18 August 2024 This case (COP 13236134) has been in the Court of Protection since 2018. The protected party (A) is a 25-year-old woman, who has been living in a care home under a Court of Protection order, for five years. If all goes according to plan, she will be back atContinue reading “Tangled webs, ‘enmeshment’, and breakdown of trust: Re A: (Covert medication: Closed Proceedings) – an implementation hearing “
Directions Hearing for a Life Sustaining Treatment Case
By Hita Jadeja, 14th August 2024 On 31 July 2024 I observed a hearing (COP 20000664) before Mrs Justice Theis sitting at the Royal Courts of Justice. An NHS Trust (‘the Trust’) has made an application concerning life-sustaining treatment for a middle-aged lady and this was a ‘directions’ hearing. Essentially directions hearings are held to prepareContinue reading “Directions Hearing for a Life Sustaining Treatment Case”
Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal
by Daniel Clark, 13th August 2024 What can a party do if they feel that, during the course of a hearing, they were “silenced and bullied and berated” by the judge? What happens if a litigant in person thinks that the judge is taking advantage of her lack of representation and “colluding” with the local authority? Continue reading “Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal”
Judicial support for open justice in a case concerning a Deputy for property and affairs
By Georgina Baidoun and Claire Martin, 8th August 2024 We observed the 12noon hearing on 5th August 2024 (COP 14178318) before DJ Buss in Nottingham. The hearing was listed in CourtServe (see screenshot below) with the descriptor: “Should a deputy be appointed for ‘P’ in relation to her property and affairs?” and it was a “Public Hearing –Continue reading “Judicial support for open justice in a case concerning a Deputy for property and affairs”
She wants to tell her Court of Protection story but will the court allow her?
By Amanda Hill, 6th August 2024 This is a blog about an application to change (“vary”) a Transparency Order, the order restricting what can be reported from a Court of Protection hearing. Unlike many other blog posts about applications to change Transparency Orders, the application this time isn’t from a member of the Open Justice Court ofContinue reading “She wants to tell her Court of Protection story but will the court allow her? “
My first in-person observation at the Royal Courts of Justice
By Amanda Hill, 31st July 2024 “The Royal Courts of Justice (London’s High Court) is an enchanting building on London’s Fleet Street.” So says the Royal Courts of Justice (RCJ) website, promoting public tours of the Grade 1 listed building, the centre for many of the most important court hearings in the United Kingdom. I have observed two dozenContinue reading “My first in-person observation at the Royal Courts of Justice”
Transparency requires free and timely public access to skeleton arguments in the Court of Appeal
By Celia Kitzinger, 28th July 2024 Why were members of the public asked to pay £626 to read skeleton arguments from a case in the Court of Appeal? Not me. I got them for free after I asked the lawyers, one of whom asked the judges during the course of the hearing whether I could haveContinue reading “Transparency requires free and timely public access to skeleton arguments in the Court of Appeal”
The Court of Protection at its best?
By Georgina Baidoun, 24th July 2024 The Open Justice Court of Protection Project posted the following alert on X and I felt I should rise to the occasion, given that the appointment of deputies for property and financial affairs is my particular interest area. The court listing isn’t specific about the type of deputy but thereContinue reading “The Court of Protection at its best?”
Promoting Open Justice in the Court of Protection 