As a GDL student looking to gain legal experience in the middle of a global pandemic, things have not been easy recently … I am extremely grateful to the Open Justice Court of Protection Project … for providing me with the information and assistance I needed to be able to gain access to a hearing”
Tag Archives: Best Interests
A Permissive Order For Amputation Contrary to P’s Wishes
“…Lieven J’s handling of an emergency application and the way in which best interests was decided in this case are going to greatly inform my future research into the way in which the best interests test is applied by professionals in both medical and legal settings…”
Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s wishes and leave ‘Best Interests’ decision-making to the judge?
“…Do we need to change the system? Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s views – and leave ‘Best Interests’ decision-making to the judge?”
Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice
“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”
Observing Court Hearings – Valuable Training for Solicitors
“… Whilst it is important to read the Judgment afterwards, it is not the same as actually listening to the hearing as the Judgement does not go into detail of the questions and answers posed…”
Promoting Open Justice in the Court of Protection 