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: Mental Capacity
Open justice isn’t self-executing and here’s the proof: A case that never appeared on the public list and backtracking on a Transparency Order
By Daniel Clark, 31st July 2025 In a speech at the start of June 2025, the Chair of the Transparency and Open Justice Board, Mr Justice Nicklin, remarked that, “we must also recognise that open justice is not self-executing. The principles of open justice must be upheld, on occasions nurtured, and — critically — seenContinue reading “Open justice isn’t self-executing and here’s the proof: A case that never appeared on the public list and backtracking on a Transparency Order”
Litigation Capacity, Luba Macpherson and the court’s engagement with a ‘persistent’ litigant
By Claire Martin, 30th July 2025 Luba Macpherson[1] is a woman with strongly held views regarding the care and treatment of her daughter. The Open Justice Court of Protection Project has published several blogs about the case, most recently this blog by Amanda Hill: ‘Strongly held beliefs do not equate to lack of litigation capacity:Continue reading “Litigation Capacity, Luba Macpherson and the court’s engagement with a ‘persistent’ litigant”
A day in the life of a court observer: The high cost of open justice
By Celia Kitzinger, 29th July 2025 The aim of this blog is to promote a more realistic understanding, both for would-be observers and for court staff, lawyers and judges, of what it takes to observe (remote) court hearings. I want to make visible how much time and energy it takes – not only for meContinue reading “A day in the life of a court observer: The high cost of open justice”
“Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?
By Daniel Clark, Eleanor Tallon, and Heather Walton, 24th July 2025 “The case concerns a young autistic man residing in a supported living setting, and proceedings have been ongoing. The real issues between the parties, as I understood them, are in relation to his care and support and whether the current package is appropriate. PerhapsContinue reading ““Perhaps the most contentious matter is the question of his social media and internet access.” But who is the decision-maker?”
Wrongful arrest and a secret prison sentence: DJ Taylor (Truro) and the failure of open justice
By Celia Kitzinger, 20 July 2025 Since October 2024, I have been asking the Court of Protection (via the Bristol hub) for information about what happened at a committal hearing before DJ Taylor sitting in Truro at 2pm on Friday 25th October 2024. It’s COP 14097168 – the last in the CourtServe listing below. TheContinue reading “Wrongful arrest and a secret prison sentence: DJ Taylor (Truro) and the failure of open justice”
No more force (or threat of force) to compel feeding of woman with severe and enduring anorexia
By Elissa Novak and Brittany Murphy 4th July 2025 Editorial Note (Celia Kitzinger): The hearing took place over two days on 24th and 25th June 2025, and there was a shifting group of six or so observers, some of whom took part in discussion about the case which contributed to the ideas expressed in thisContinue reading “No more force (or threat of force) to compel feeding of woman with severe and enduring anorexia”
Navigating engagement in capacity assessment
By Daniel Holt, 2nd July 2025 The case I observed in person before District Judge Clarke sitting at First Avenue House on 9th June 2025 (COP 20015914) was brought by the London Borough of Lewisham (the “LA”) and concerned a deaf adult with a mild learning disability (“P”), who was represented by the Official SolicitorContinue reading “Navigating engagement in capacity assessment”
Silence from HHJ Rowland: A transparency fail
By Celia Kitzinger, 29th June 2025 It’s been more than 10 months since I applied to discharge the transparency order in a s.21A case concerning a woman in her 90s who was deprived of her liberty in a care home. She died in January 2023. Her son wants to publish his account of “over fiveContinue reading “Silence from HHJ Rowland: A transparency fail”
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”
Promoting Open Justice in the Court of Protection 