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: Human Rights
Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison
By Amanda Hill, 24th June 2024 “But in America, in my home, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.” (Bruce Springsteen, during his concert at Lille, Saturday 24 May 2025[1]) As well as saying people are persecuted for using their right to freeContinue reading “Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison”
“Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge
By Claire Martin, 23rd June 2025 I had some unexpected time on Monday 16th June 2025, so I had a look at the listings the night before, and this one caught my eye because it said ‘FINAL HEARING’, so I knew that the judge’s determination on the matters listed (‘capacity and best interests’) was likelyContinue reading ““Does that mean I am off the hook?”: A successful s21a Deprivation of Liberty Challenge”
Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J
By Claire Martin, 13th June 2025 Le soleil ni la mort ne se peuvent regarder en face. You cannot stare straight into the face of the sun, or death. François de La Rochefoucauld, Maxim 26 Over the course of the last year or so, I’ve been thinking about what provisions I want to put inContinue reading “Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J”
Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J
By Celia Kitzinger, 5th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) This case (COP 20006397), heard by MrContinue reading “Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J”
Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions
by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a huge amount of attention in the press and in social media. The other has not. It is nevertheless a veryContinue reading “Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions”
Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments
By Amanda Hill and Claire Martin (with acknowledgment of significant input and support from Celia Kitzinger) Update 26 May 2025: The application to vary the reporting restrictions was successful and a judgment, [2025] EWCOP 16 (T3), was published on the National Archives Friday 23 May 2025. We will blog about the hearing to vary theContinue reading “Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments”
Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother
By Amanda Hill, with contribution from Tim Sugden and Celia Kitzinger, 26th March 2025 The protected party in this case, “P”, is a woman in her early twenties, with diagnoses of autism, ADHD, behavioural difficulties and limited communication skills. Her mother took her to Jamaica in February 2023 “seemingly to evade the involvement of social careContinue reading “Two years on, P is still missing: Judge refuses application to conclude proceedings, holds proceedings partly in private, and issues injunction with penal notice against mother”
“I’m making these orders not for my own amusement, but for P”: Judge admonishes professionals over “disappointing” failures
I observed the judge’s surprise and exasperation at the lack of progress in HMB’s case as performing a function of delegitimising and ‘calling out’ the situation…. Hearing such disapproval from someone exercising the authority of the court (in open court) felt like a powerful counter to such tacit social legitimisation that I wish more of society could (or would) hear.
Response to the Transparency and Open Justice Board proposed “key objectives”
By Celia Kitzinger, 3rd March 2025 The Transparency and Open Justice Board recently sought views on the Board’s proposed key objectives. The Board was created in April 2024 by the Lady Chief Justice, who said that it would “…set objectives for all Courts and Tribunals, focussing on timely and effective access in terms of listing, documents and publicContinue reading “Response to the Transparency and Open Justice Board proposed “key objectives””
Promoting Open Justice in the Court of Protection 