By Claire Martin and Nell Robson, 13th June 2024 This is a case we’ve blogged about before: “Caesarean: A directions hearing”. At that point, just under a week before, Deputy High Court Judge Victoria Butler-Cole KC, asked for a full-day final hearing to deal with an application for a court-authorised caesarean for a woman who (probably)Continue reading “Court-authorised caesarean with chemical and physical restraint if required: A 14-minute final hearing”
Tag Archives: Best Interests
Irish cases in the Court of Protection
Jake Thorold & Chiara Cordone, 11th June 2024 Ordinarily, the Court of Protection is concerned with the personal welfare or property of people who are “habitually resident” (a term used in cases involving children and vulnerable adults) in England and Wales. On occasion, however, the Court is required to step outside of this comfort zoneContinue reading “Irish cases in the Court of Protection”
My experience at Weymouth Combined Court: listing, access, and transparency
By Peter C Bell, 30th May 2024 It was one of those days where I had not really intended to do any Court watching. I was back in Weymouth to help the family to support my elderly father after the recent loss of both his wife (my mother) and then his elder sister and casuallyContinue reading “My experience at Weymouth Combined Court: listing, access, and transparency”
Caesarean: A directions hearing
By Celia Kitzinger, 27th May 2024 The purpose of a “directions” hearing is for the judge to narrow down the issues that are to be decided, and to give instructions (“directions”) on how the case will proceed. The point is to sort out procedural and practical matters. Directions hearings often cover actions that need to be taken (e.g., capacityContinue reading “Caesarean: A directions hearing”
A private hearing before DJ Glassbrook
By Claire Martin, Celia Kitzinger, Peter C Bell and Kim Dodd, 22nd May 2024 A few months ago, we published an audit of “private” hearings – that is, hearings that appear as “private” in the lists on Courtel/CourtServe. What we found is that at least 50% of those “private” hearings had been wrongly listed as such. The judgeContinue reading “A private hearing before DJ Glassbrook”
Anorexic woman gets to make her own (incapacitous) decisions, says Hayden J
By Celia Kitzinger, 19 May 2024 “It does not follow that when a judge is satisfied that the presumption of capacity has been rebutted that it is automatically incumbent on the court to take decisions for the protected party…. Sometimes it is in the best interests of the protected party to take decisions for themselves,Continue reading “Anorexic woman gets to make her own (incapacitous) decisions, says Hayden J”
A chaotic start to a hearing – and assessment of Mum as carer ordered
By Amanda Hill, 17 May 2024 “Open justice is a fundamental principle in our courts”. That is the standard line included in many of the court listings. This means that members of the public, like me, can observe hearings. Sometimes, obstacles are put in our way. In this hearing, certain members of the public wereContinue reading “A chaotic start to a hearing – and assessment of Mum as carer ordered”
Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently
Celia Kitzinger, 16 May 2024 There are more than 500 centenarians in Devon, and she’s one of them. Until September 2023, she lived at home with her daughter. Now she’s deprived of her liberty in a care home, where she’s been for around six months, following discharge from hospital after a fall. She wants toContinue reading “Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently”
Capacity and sexual relationships – an ongoing challenge and some cautionary notes
Ruby Reed-Berendt and Beverley Clough, 13 May 2024 This blog is a summary of a recent article published in the International Journal of Law and Psychiatry, as part of a special issue on mental health and borders. You can read the article in full here. Peter (not his real name) is nearly 20 years old andContinue reading “Capacity and sexual relationships – an ongoing challenge and some cautionary notes”
Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order
By Celia Kitzinger, 12 May 2024 Last week, Mr Justice Nicklin was announced as the chair of the judiciary’s new transparency and open justice board. He gave a speech welcoming “a new breed of court reporters” – and the “hugely valuable contribution” made by members of the public who tweet or blog from court. It’s lovely to feel “seen” and valued likeContinue reading ” Open justice fails again: This hearing wasn’t publicly listed – then the judge denied us remote access, and never sent the approved order “
Promoting Open Justice in the Court of Protection 