Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men
Tag Archives: Legal Practice
Non-compliance: What happens when public bodies don’t obey court orders?
It concerns “non-compliance issues” in a case called JS v South Tyneside Council – and I guessed (correctly) that the non-compliance related to the behaviour of South Tyneside Council rather than to JS, the protected party in the case.
Reflections of a freelance mental capacity consultant on the Supreme Court case about deprivation of liberty
I know it’s not a popular view, but I consider the limitations on my daughter’s liberty arise from the injury. She cannot always bring forward and initiate ideas; she can’t go out alone – not because we or the State want to impede her experience of liberty but because the combination of visual impairment, mobility impairment and speed of processing information make it unsafe for her to do so.
A committal, a closed hearing, and forced removal of P
It was fascinating to to be able to ‘eavesdrop’ on the practical and legal dilemmas created by this situation as it unfolded in real time. … to appreciate how decisions emerge in response to changing events on the ground, and how competing arguments are advanced (often fervently) by people committed to P’s best interests but with different perspectives on how P’s best interests should be served
Attorneys disagree about a house purchase for their mother: Case management for a final hearing
Court of Protection judges are very experienced in dealing with fraught situations and family dispute. The stakes are high when family members disagree about the care or finances of a relative who lacks capacity to make their own decisions, and there are likely to be different perspectives on who is being most loving, or reasonable or responsible, who started what, or who is to blame for the current situation.
Safeguarding Mum: The “vile” judgment and the daughter’s story
“Can we stress in your piece that social services need to listen to the families. That’s what I want to get out of this. They need to listen and understand that we have their best interests at heart. We know the person better than anybody else – certainly better than social services that just poke their noses in and misinterpret.”
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”
The problem with Motability Hire Agreements: A Deputy’s concerns in the COP
By Amanda Hill, 11th August 2025 Update 30th September 2025: The OPG have now issued a press statement summarising what deputies should do and an address to contact Motability. You can read about it here: Update 2nd September 2025: I’ve now received a copy of the approved order for this hearing so I’ve added aContinue reading “The problem with Motability Hire Agreements: A Deputy’s concerns in the COP”
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”
Promoting Open Justice in the Court of Protection 