SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly what her expectations were and fixing firm deadlines by which actions needed to have been completed, and making it evident to representatives when she was less than pleased with their response (eg “it’s not helpful to be told a party has not yet made its mind up”).
Category Archives: Uncategorized
An emergency statutory will for a dying man
This is a situation that could confront any of us – and our partners, ex-partners, family and friends. … Another lesson from this case is the need to keep wills under review. One option open to Mr R when he still had testamentary capacity may have been either to change, re-affirm or clarify his will after his partner ended their relationship.
Decision to remove a professional deputy (without a fact-finding hearing): DJ Clarke in action
I’ve observed a lot of different judges in a lot of different hearings. If I were P, or a member of P’s family, DJ Clarke is a judge I’d be very happy to have hearing my case.
Safeguarding Mum: The “vile” judgment and the daughter’s story
“Can we stress in your piece that social services need to listen to the families. That’s what I want to get out of this. They need to listen and understand that we have their best interests at heart. We know the person better than anybody else – certainly better than social services that just poke their noses in and misinterpret.”
Mother refuses to return P to the UK in defiance of court order – but there’s no application for committal for contempt of court: What more can the court do?
In defiance of a court order and to prevent Miranda being temporarily moved out of the family home for assessment purposes, Miranda’s mother took her to Jamaica in early February 2023.
At the margins of ‘Deprivation of Liberty’: On not losing myself – care and thoughtfulness from HHJ Beckley
That experience has helped me to understand, on a visceral level, how easily autonomy can be subsumed under the guise of safety, support, and risk management. I notice the gulf between how I describe what’s happening as ‘supervision and control’, and how one of the hospital caregivers referred to it, as ‘support’.
Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)
By Celia Kitzinger, 29th August 2025 Earlier this month, Sandra and Joe Preston published an account of their experience in the Court of Protection and queried whether the case about their relative’s “deprivation of liberty” was a good use of judicial time, tax-payers’ money and in the public interest. You can read their blog postContinue reading “Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)”
Lieven J grapples with cuckooing and the effect of a DOL order
By Daniel Clark, 27th August 2025 This case concerns a young man with a hypoxic brain injury arising from a cardiac arrest. He is a drug user and a victim of cuckooing, (which is when a person’s dwelling is taken over without their consent for the purposes of committing or commissioning a crime). The applicantContinue reading “Lieven J grapples with cuckooing and the effect of a DOL order”
Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency
By Claire Martin, 25th August 2025 Transparency and open justice are principles at the heart of our justice system. Last year, the Lady Chief Justice created a Transparency and Open Justice Board, chaired by Mr Justice Nicklin, who said that the Board will “set objectives for all Courts and Tribunals, focussing on timely and effectiveContinue reading “Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency”
Commentary on Re YD (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3)
By Jenny Kitzinger, 20th August 2025 A couple of weeks ago I observed a hearing about ‘YD’, a 60-year-old man in a Prolonged Disorder of Consciousness at the lower end of the spectrum (a vegetative state). The Trust had made an application that it was in YD’s best interests to withdraw life-sustaining treatment, specifically clinicallyContinue reading “Commentary on Re YD (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3)”
Promoting Open Justice in the Court of Protection 