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”
Tag Archives: Best Interests
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)”
My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care
By Sandra Preston, 18 August 2025 On 13 August 2025 I went to First Avenue House (the London headquarters of the Court of Protection) for the first time as an observer – rather than as the relative of a Protected Party (as described my blog post here). I had chosen to do so to gainContinue reading “My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care”
Sentencing in contempt proceedings: Punishment and coercion in a case before Lieven J
By Celia Kitzinger, 14th August 2025 A mother who refused to obey court orders was sentenced to 28 days in prison, and her pre-teenage daughter was to be taken into foster care, in a case I watched in the Family Court on 11th August 2025. The judge, Mrs Justice Lieven, ordered the local authority toContinue reading “Sentencing in contempt proceedings: Punishment and coercion in a case before Lieven J”
A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?
By Jenny Kitzinger, 8th August 2025 12th August 2025: The judgment has just been published (click on the case name): The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3). Jenny has written a commentary on the judgment (also covering media reception of it) here: “CommentaryContinue reading “A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?”
A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest
By Sandra and Joe Preston, 7th August 2025 In February 2025, we found ourselves stepping into the Court of Protection for the very first time, as relatives of a Protected Party (P). We returned there in June for the second and final hearing, and although we came away with a positive outcome, it had takenContinue reading “A court hearing and 23 visits from 16 officials: Family doubt that ‘Deprivation of liberty’ is working in the public interest “
Balancing patient welfare and procedural fairness: Withdrawal of ventilation before Hayden J
By Celia Kitzinger, 4th August 2025 The case, COP 20018026, before Mr Justice Hayden on 22nd and 23rd July 2025, appeared in the Royal Courts of Justice Daily Cause list as concerning “serious medical treatment”[1]. In an opening summary[2], counsel for the applicant explained that the case was about a man in his sixties who’dContinue reading “Balancing patient welfare and procedural fairness: Withdrawal of ventilation before Hayden J”
Open justice isn’t self-executing and here’s the proof: A case that never appeared on the public list and backtracking on a Transparency Order
By Daniel Clark, 31st July 2025 In a speech at the start of June 2025, the Chair of the Transparency and Open Justice Board, Mr Justice Nicklin, remarked that, “we must also recognise that open justice is not self-executing. The principles of open justice must be upheld, on occasions nurtured, and — critically — seenContinue reading “Open justice isn’t self-executing and here’s the proof: A case that never appeared on the public list and backtracking on a Transparency Order”
A day in the life of a court observer: The high cost of open justice
By Celia Kitzinger, 29th July 2025 The aim of this blog is to promote a more realistic understanding, both for would-be observers and for court staff, lawyers and judges, of what it takes to observe (remote) court hearings. I want to make visible how much time and energy it takes – not only for meContinue reading “A day in the life of a court observer: The high cost of open justice”
“Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?
By Daniel Clark, Eleanor Tallon, and Heather Walton, 24th July 2025 “The case concerns a young autistic man residing in a supported living setting, and proceedings have been ongoing. The real issues between the parties, as I understood them, are in relation to his care and support and whether the current package is appropriate. PerhapsContinue reading ““Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?”
Promoting Open Justice in the Court of Protection 