SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly what her expectations were and fixing firm deadlines by which actions needed to have been completed, and making it evident to representatives when she was less than pleased with their response (eg “it’s not helpful to be told a party has not yet made its mind up”).
Tag Archives: HHJ Hilder
‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty
By Claire Martin, 28th April 2025 The Courts and Tribunals Judiciary defines contempt of court like this: I have recently discovered, at a different hearing for contempt, that the criminal standard of proof (of beyond reasonable doubt) is required for both criminal and civil contempt. That is different to the usual standard of proofContinue reading “‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty”
If this had been my first court observation, it would have been my last!
By Clare Fuller, 17th April 2025 In the following blog, I’m going to combine two experiences of the same event written contemporaneously and originally as separate pieces. The event is a hearing in the Court of Protection and both experiences are mine. In Part 1 I describe abortive attempts to obtain a hearing link. InContinue reading “If this had been my first court observation, it would have been my last!”
A named defendant awaits sentencing for contempt of court
By Claire Martin, 16th April 2025 Following an adjourned committal hearing back in December 2024, we were concerned that the defendant (referred to only by his initials, “MW”), who is facing a prison sentence for contempt of court, had been anonymised in the public court lists – and the observer considered it likely that thereContinue reading “A named defendant awaits sentencing for contempt of court”
Tony Hickmott: Not the happy ending everyone had hoped for
By Amanda Hill and Lucy Series, 24th October 2024 Hopes were high back in 2022. Tony Hickmott[1] who had spent 21 years in a secure Assessment and Treatment Unit (ATU), was finally moving back to his home town of Brighton, close to his parents, Pam and Roy. This was seen as a new beginning for Tony, who hasContinue reading “Tony Hickmott: Not the happy ending everyone had hoped for”
Can a Turkish Guardianship Order be recognised in England and Wales?
By Daniel Clark, 29 September 2024 This case began as an urgent application to the Court of Protection in August 2023. It wasn’t until May 2024 that it came before a judge. In August 2023, XY (who resides in Turkey) was visiting the UK with her brother, CD. She has done this many times but,Continue reading “Can a Turkish Guardianship Order be recognised in England and Wales? “
Bromley is outsourcing property and affairs deputyships: Is it lawful?
By Georgina Baidoun, 6th September 2024 At 2pm on 2nd August 2024 I watched a hearing before HHJ Hilder, the Senior Judge of the Court of Protection. Here’s how it was listed: COP 140287761, BJ v London Borough of Bromley “To consider property and affairs deputyship – discharge functions through contractual arrangement”. Noting that this wasContinue reading “Bromley is outsourcing property and affairs deputyships: Is it lawful?”
When families want to tell their story: Discharging a transparency order
By Celia Kitzinger (Intervenor) and “Anna” (Amanda Hill) (Observer), 27 February 2024 Update: The judgment is available here: The judgment is available here: In the Matter of VS (deceased) [2024] EWCOP 6 Back in 2014, Mr Justice Munby, then President of the Court of Protection, expressed concern that the court was “saddled … with theContinue reading “When families want to tell their story: Discharging a transparency order”
Inaudible in-person proceedings: A practical barrier to transparency and open justice
By Tim Sugden, 21st February 2024 It’s not open justice if you can’t hear what is being said in the courtroom. My experience is that this is a recurrent problem in magistrates’ courts – and now I’ve found the same problem in the Court of Protection as well. My experiences in magistrates’ courts with CourtwatchContinue reading “Inaudible in-person proceedings: A practical barrier to transparency and open justice”
Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body
By Celia Kitzinger, 29th October 2023 This is yet another case where a judge has signed off on reporting restrictions that prevent the naming of a public body, for reasons that are wholly unclear to me. Neither counsel nor the judge has – to my knowledge – suggested that identification of the local authority involvedContinue reading “Judge concerned about “restraint regime” for learning-disabled man prohibits naming public body”
Promoting Open Justice in the Court of Protection 