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”
Tag Archives: Best Interests
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? “
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?”
Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution
By Amanda Hill, 21st July 2024 This blog is about an all-remote hearing before a judge (HHJ Brown) who ruled – very unusually for a Court of Protection hearing – that no parties’ names should be used in the course of the hearing. She asked for the protected party (P) to be refered to with an initial all the time, rather than by his first name. SheContinue reading “Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution”
Anorexia and the capacity to make decisions about nutritional intake
By Ty Glover, 14th July 2024 Back in 2007, a spate of television programs focused on “size 0” and “super skinny” bodies with the focus being on the then (and now) fashionable trend for size 0 models. Although I did not watch all of those programs, I recall one in which Louise Redknapp, wife of former footballerContinue reading “Anorexia and the capacity to make decisions about nutritional intake”
Complex issues for the court and plans for an ‘omnibus’ capacity hearing
By Claire Martin, 9th July 2024 At the centre of this case is Mrs G who has come to the attention of the court because carers have alleged that her daughter is abusing her. Mrs G is said to complain to carers about her daughter’s behaviour, and then to retract these statements later. Her capacity to decide aboutContinue reading “Complex issues for the court and plans for an ‘omnibus’ capacity hearing”
Daughter’s home in jeopardy when mother dies and father lacks capacity
By Georgina Baidoun, 4th July 2024 This case caught my attention because it was listed (see below) as concerning “authorising a gift or settlement of property” – and it turned out to be a substantial gift (a house). My request to observe the 11.00am hearing (COP 13569463) before DJ Ellington was answered with a linkContinue reading “Daughter’s home in jeopardy when mother dies and father lacks capacity”
What does a Deputy for finances do?
By Ruth Meyer, 26th June 2024 I am quite often asked by people what I do in my job. The role of Deputy for finances appointed by the Court of Protection does not really mean much to many and probably sounds a bit scary! I’ve been a Deputy for about 11 years although I have beenContinue reading “What does a Deputy for finances do?”
Revoking Lasting Powers of Attorney and an object lesson in Open Justice best practice
By Georgina Baidoun, 24th June 2024 As often happens now, especially with cases involving attorneys and deputies, this one was listed as ‘attended’, which I took to mean “in person”. This means that the parties (or their representatives) are attending in person, but it’s possible that there’s a link set up for others involved in theContinue reading “Revoking Lasting Powers of Attorney and an object lesson in Open Justice best practice”
What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update
By Keir Harding, 19 June 2024 This is an update of a blog I wrote in November 2020. A few things have changed since then so while the bulk of the text is still intact, I’ve added a couple of developments and included what changes we might expect from the International Classification of Diseases [ICD]-11, the diagnostic manual inContinue reading “What does the Court of Protection need to know about “borderline personality disorder” or “emotionally unstable personality disorder”: An update “
Promoting Open Justice in the Court of Protection 