By Daniel Clark, 27th August 2025 This case concerns a young man with a hypoxic brain injury arising from a cardiac arrest. He is a drug user and a victim of cuckooing, (which is when a person’s dwelling is taken over without their consent for the purposes of committing or commissioning a crime). The applicantContinue reading “Lieven J grapples with cuckooing and the effect of a DOL order”
Tag Archives: Lieven J
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”
Risk aversion and delay: Losing sight of best interests?
By Rebecca Pritchard, 2nd June 2025 I have observed a number of Court of Protection hearings but have never blogged one before. I chose to blog about this case (COP 14265088 heard by Lieven J on 6th May 2025 in the Royal Courts of Justice, observed via MS Teams), because firstly, it struck me asContinue reading “Risk aversion and delay: Losing sight of best interests?”
A challenging capacity assessment and a professional witness in court
By Josie Seydel and Claire Martin, 19 February 2023 Editorial Note: A psychologist gave professional witness evidence at this hearing about P’s capacity to make decisions relating to care and contact. The two observers who’ve co-authored this blog post are also psychologists. Listening to his evidence, they have come to opposite conclusions about P’s capacity. In this blogContinue reading “A challenging capacity assessment and a professional witness in court”
When capacity for contact and sex do not align: Pragmatic decisions and judicial work-arounds
To my mind, the need for judges to adopt creative or pragmatic approaches to reach decisions they feel comfortable with indicates that the state of the law is less than satisfactory. Based on this case and the KF case, it sounds as though this is the direction that decisions about capacity to engage in sexual relations may now be headed: a finding of capacity on a general basis, but with the opportunity for reconsideration where specific individual risks arise.
Medical treatment for people with learning disabilities: Telling Robert Bourn’s story and the challenges of ‘transparency’
The initial response of his treating team, says his mother, was to say there were no treatment options. Comfort measures only were proposed and a palliative care referral was made.
Bringing a very long saga to an end: A final hearing, transparency issues, and delays with a charging decision
By Paige Taylor, 8th June 2022 On 23rd May 2022 I watched a remote hearing (COP 13585739) before Mrs Justice Lieven. I am currently a Bar course student at the Inns of Court College of Advocacy, and I wanted to observe a Court of Protection hearing because I have an interest in mental capacity and disability law, particularlyContinue reading “Bringing a very long saga to an end: A final hearing, transparency issues, and delays with a charging decision”
Lasting Power of Attorney: Across Borders
My interest in LPAs, and the reason I became a Lasting Power of Attorney Consultant, stems from a long career as a nurse in palliative and end of life care, where I witnessed the impact of not having these important documents in place. I feel incredibly passionate about people’s voices; their choices and their values being heard – and LPAs are an important way of enabling this. I advocate for proactive Advance Care Planning and LPAs are one important element of planning ahead.
An urgent court-authorised Caesarean: Seeing behind a published judgment
I can see why planned care for someone in a highly distressed and deteriorating state is attractive on many fronts. However, like the Court, I really struggle with the sense that there seems to have been no attempt to engage openly and honestly with Miss K, at a time when she may have been better placed to consider her wishes and feelings in an inevitably harrowing situation.
Treatment for testicular cancer for autistic learning disabled man
By Celia Kitzinger, 3rd March 2021 There was a positive outcome to the hearing before Mrs Justice Lieven on Wednesday 27th January 2021. After listening to evidence from the treating clinicians and an independent expert consultant in oncology, the Trust and the mother of “RB” (as he is called in the court documents) came to anContinue reading “Treatment for testicular cancer for autistic learning disabled man”
Promoting Open Justice in the Court of Protection 