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”
Tag Archives: Hayden J
Judge approves use of esketamine in anorexia case: Re CC
By Elissa Novak, 3rd February 2025 Despite her own best efforts, and the support of her family and those involved in her care, a 21-year-old autistic woman diagnosed with depression and anorexia nervosa is facing the very real prospect of death. This is the desperate situation at the heart of the hearing I observed (remotely) on 3rd DecemberContinue reading “Judge approves use of esketamine in anorexia case: Re CC”
An in-person hearing on anorexia (Re CC): Observer’s rollercoaster and the role of “hope”
By Sydney White, 21st November 2024 My experience observing the final hearing of Re CC (previous hearings blogged as: Respecting autonomy in treating anorexia nervosa and Treatment for Anorexia Nervosa: A brief directions hearing) was tumultuous in more ways than one. I’ll first describe my unusually challenging time as an in-person observer at the Royal Courts of Justice and howContinue reading “An in-person hearing on anorexia (Re CC): Observer’s rollercoaster and the role of “hope””
Respecting autonomy in treating Anorexia Nervosa
This case concerns a young woman with a diagnosis of anorexia nervosa. A Trust seeks court declarations about her treatment.
Cross-jurisdictional challenges and Schedule 3 in a case of anorexia: Health Service Executive of Ireland v SM [2024] EWCOP 60
By Sydney White, 11th November 2024 This case (COP 13398706) concerns a young woman (SM) with a diagnosis of anorexia nervosa and a history of depressive episodes. She’s “habitually resident” in Ireland but has for some time been receiving treatment at Ellern Mede, a specialist eating disorder provider in England. Hayden J has heard this case beforeContinue reading “Cross-jurisdictional challenges and Schedule 3 in a case of anorexia: Health Service Executive of Ireland v SM [2024] EWCOP 60”
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”
Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence?
by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “
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”
US expert to assess whether COVID-19 vaccination is in P’s best interests
By Celia Kitzinger, 12th March 2024 He’s in his early 20s with a severe learning disability, having been born with partial Trisomy 13, meaning that he has an extra chromosome. He also has a congenital heart condition known as “Tetralogy of Fallot”. He lives at home with his mother who is his primary carer (though he alsoContinue reading “US expert to assess whether COVID-19 vaccination is in P’s best interests “
A rock and a hard place: Abortion decision for an incapacitous and conflicted P
By Celia Kitzinger, 10th March 2024 The judgment has now been published and is available here: Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17 The 35-year-old woman (NR) at the centre of this case (COP 14216100) is 22 weeks pregnant, and currently detained under s.3 of the Mental HealthContinue reading “A rock and a hard place: Abortion decision for an incapacitous and conflicted P”
Promoting Open Justice in the Court of Protection 