By Rebecca Pritchard, 2nd June 2025 I have observed a number of Court of Protection hearings but have never blogged one before. I chose to blog about this case (COP 14265088 heard by Lieven J on 6th May 2025 in the Royal Courts of Justice, observed via MS Teams), because firstly, it struck me asContinue reading “Risk aversion and delay: Losing sight of best interests?”
Category Archives: Uncategorized
Unsuccessful Application for Permission to Appeal
By Claire Martin, 19th May 2025 In May 2024, a year ago, Amanda Hill blogged about this case: “The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, whenContinue reading “Unsuccessful Application for Permission to Appeal”
DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging”
By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog post, he’s been failed by NHS South West London ICB and the London Borough of Wandsworth. The issue before theContinue reading “DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging””
Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review
By Celia Kitzinger, 14th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) The man at the centre of thisContinue reading “Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review”
Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J
By Celia Kitzinger, 5th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) This case (COP 20006397), heard by MrContinue reading “Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J”
‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty
By Claire Martin, 28th April 2025 The Courts and Tribunals Judiciary defines contempt of court like this: I have recently discovered, at a different hearing for contempt, that the criminal standard of proof (of beyond reasonable doubt) is required for both criminal and civil contempt. That is different to the usual standard of proofContinue reading “‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty”
Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions
by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a huge amount of attention in the press and in social media. The other has not. It is nevertheless a veryContinue reading “Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions”
A SEND advocate observes a hearing in the Court of Protection: Learning about the Official Solicitor – and a penal notice against an expert witness
By Michelle Hughes (with postscript by Celia Kitzinger), 23rd April 2025 Update 23rd September 2025: A judgment has been published for this case, Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3) Henke J found that P does have capacity. Para 60 reads: “I have written this judgment to enable AW to have aContinue reading “A SEND advocate observes a hearing in the Court of Protection: Learning about the Official Solicitor – and a penal notice against an expert witness”
Statutory Wills: A barrister explains
By Ruth Hughes KC, 22nd April 2025 Editorial note: We commissioned this blog post due to the interest in statutory wills generated by the case of W v P [2025] EWCOP 11(T3) which was heard in private. The blog author acted for the P in that case, instructed by the Official Solicitor. We have alsoContinue reading “Statutory Wills: A barrister explains”
If this had been my first court observation, it would have been my last!
By Clare Fuller, 17th April 2025 In the following blog, I’m going to combine two experiences of the same event written contemporaneously and originally as separate pieces. The event is a hearing in the Court of Protection and both experiences are mine. In Part 1 I describe abortive attempts to obtain a hearing link. InContinue reading “If this had been my first court observation, it would have been my last!”
Promoting Open Justice in the Court of Protection 