By Ruth Hughes KC, 22nd April 2025 Editorial note: We commissioned this blog post due to the interest in statutory wills generated by the case of W v P [2025] EWCOP 11(T3) which was heard in private. The blog author acted for the P in that case, instructed by the Official Solicitor. We have alsoContinue reading “Statutory Wills: A barrister explains”
Tag Archives: Legal Practice
Transparency in twenty days at Cardiff Court of Protection
By Kim Dodd, 15th April 2025 I was a Litigant in Person in my dad’s Court of Protection case from February 2024 until his death in August 2024. He died in the care home it was deemed to be in his best interests to be forcibly removed to, from his own home – despite hisContinue reading “Transparency in twenty days at Cardiff Court of Protection”
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”
Feeling foolish and frustrated: How I failed to observe an RCJ hearing due to an uncorrected listing error
By Amanda Hill, 23rd March 2025 I was excited to be travelling to London to observe an in-person hearing at the Royal Courts of Justice (RCJ) as part of my research with Cardiff University. This would be my third time observing in person at the RCJ and I was beginning to feel as though I knewContinue reading “Feeling foolish and frustrated: How I failed to observe an RCJ hearing due to an uncorrected listing error”
Correcting judicial mistakes: HHJ Robertshaw’s transparency order
By Celia Kitzinger, 16th March 2025 Everybody makes mistakes sometimes. Even judges. Some mistakes can be inconsequential: a typo, a bit of grammar that doesn’t make sense, paragraphs wrongly numbered. I’m not complaining about mistakes like that, what someone on X described (in response to my complaints) as “dotting the ‘i’s and crossing the ‘t’s”.Continue reading “Correcting judicial mistakes: HHJ Robertshaw’s transparency order”
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””
A young man failed by NHS South West London ICB and the London Borough of Wandsworth
Working in the health service, I often hear families’ concerns or reasonable complaints framed as them being ‘anxious’ about their loved one’s care. I think it can be a manoeuvre to delegitimise their (often perfectly reasonable) concerns and belittle their status as a full participant. Conversely, I don’t hear the word ‘anxious’ being used about powerful professionals when they speak up or raise concerns.
Delays for “a most distinguished man” deprived of his liberty
By Claire Martin, 8h January 2025 (This blog was written in December 2024 and set up for automated release in January in advance of the next listed hearing in this case on 13th January 2025. Note that the Open Justice Court of Protection Project is currently closed and will be reopening on 1st February 2025) This isContinue reading “Delays for “a most distinguished man” deprived of his liberty”
Capacity and Contempt of Court: The case of LB
By Celia Kitzinger, 18th December 2024 The hearing I observed on 5th December 2024 (COP 14045574) before HHJ Tucker sitting in Coventry was an application to send someone to prison. The hearing lasted for about 35 minutes and I was able to observe about 20 minutes of it, missing the beginning due to not having been sent theContinue reading “Capacity and Contempt of Court: The case of LB”
“Bureaucracy blots out the sun”: Telling Ella Lung’s story
Ella Lung, suffering from dementia, was deprived of her freedom in a care home for over two years. Her son, Richard, documented her distress and their experiences through fourteen journals. Despite bureaucratic delays and emotional turmoil, they spent precious time together before Ella’s death, raising awareness about the emotional costs of such state interventions.
Promoting Open Justice in the Court of Protection 