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”
Tag Archives: Mental Capacity
Open Justice Court of Protection Project is five years old today
By the Core Team of the Open Justice COP Project (Celia Kitzinger, Gill Loomes-Quinn, Daniel Clark, Amanda Hill and Claire Martin), 15th June 2025 It was launched – with no funding and no clear plan about what we were going to do beyond observing a few hearings and writing some blog posts – on 15th JuneContinue reading “Open Justice Court of Protection Project is five years old today”
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”
A judge without a bundle adjourns the case
By Daniel Clark, 11th June 2025 A bundle is a collection of documents that are relevant to the decision that the court is being asked to make. As Kyle Squire, then a barrister at 5 Pump Court Chambers put it in a blog for the Open Justice Court of Protection Project, “‘Bundle’ may be aContinue reading “A judge without a bundle adjourns the case”
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?”
Unsuccessful Application for Permission to Appeal
By Claire Martin, 19th May 2025 In May 2024, a year ago, Amanda Hill blogged about this case: “The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, whenContinue reading “Unsuccessful Application for Permission to Appeal”
DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging”
By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog post, he’s been failed by NHS South West London ICB and the London Borough of Wandsworth. The issue before theContinue reading “DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging””
Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review
By Celia Kitzinger, 14th 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) The man at the centre of thisContinue reading “Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review”
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”
‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty
By Claire Martin, 28th April 2025 The Courts and Tribunals Judiciary defines contempt of court like this: I have recently discovered, at a different hearing for contempt, that the criminal standard of proof (of beyond reasonable doubt) is required for both criminal and civil contempt. That is different to the usual standard of proofContinue reading “‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty”
Promoting Open Justice in the Court of Protection 