Given the likelihood of an upcoming Supreme Court hearing, it may be that Townsend provides a very slender thread on which to base the Trust’s argument – or indeed, on which to delay determination of P’s best interests by first detouring down what might turn out to be a jurisdictional cul-de-sac over the next six weeks.
Tag Archives: Not Secret Court
Fit for discharge and still in hospital five months later due to delay with eating and drinking plan – updated after 12th May 2026 hearing
There’ s a deceptively simple solution to enable P to leave hospital – the development of an eating and drinking plan – but a complex web of responsibilities for making that happen, involving multiple public bodies, multiple teams, and multiple people
Court of Appeal to decide whether open justice applies to the Court of Protection: Briefing for CA-2025-001953 Re Gardner (Deceased)
In this ‘advance briefing’, I will set out the relevant background and a short summary of the arguments of the appellant and the intervenors. I hope this will assist observers to follow the hearing – either in real-time (in person in the Royal Courts of Justice or via the live-stream) or subsequently via the recording likely to be available after the hearing on the court’s YouTube channel.
Permission to appeal refused: A procedural dead end
By Elissa Novak (with an introduction by Celia Kitzinger), 22nd February 2026 This is effectively the third tranche of litigation in the long-running case concerning Luba Macpherson and her daughter, “FP”. First came the welfare proceedings for FP which were concluded in 2023[1]. Then came committal proceedings which concluded in 2025 with Luba serving aContinue reading “Permission to appeal refused: A procedural dead end”
How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued
By Amanda Hill, 12th February 2026 I am the daughter of a protected party in the Court of Protection. I can say that because at a hearing in March 2025, HHJ Murch approved my application to vary the Transparency Order covering my mum’s case, so that I could be identified as a family member ofContinue reading “How to vary the duration of a Transparency Order from “until further order of the court” to “until the death of P”: My family’s Court of Protection story continued”
“This cannot be allowed to carry on”: A non-compliance hearing with NHS Humber and North Yorkshire ICB
According to the OS, there had been “a disagreement between the parties” about whether or not the court ought to make that order in the first place (the ICB wanted instead to focus only on whether and how improvements could be made to JH’s current home) – so it rather looks as though the ICB has simply failed to comply with an order they don’t like.
P removed to residential care due to father’s non-compliance with orders for renal dialysis
P enjoys much of his life, his sports and his social time. His wishes and feelings are to live – but while living at home with his father he’s not been attending dialysis sessions regularly – despite a court order that his father must take him. Father remains in denial of the necessity for treatment and P’s high potassium levels could lead to early death.
Appealing a Court of Protection judgment
This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an appeal and some common reasons and (3) some alternatives to an appeal.
Unfair judicial criticism of observers is bad for transparency
I’m not immune from criticism, here. What I thought were my reasonable efforts to get clarity about whether this hearing was going ahead, and then my further attempts to get the link, seem to have created problems for HMCTS staff. Those miscommunications and misunderstandings swirled around a judge who probably didn’t even have time for a cup of tea between hearings. It wasn’t my intention to exacerbate those stresses and, in future, I’ll just send any and all correspondence direct to the hub. That’s what I’ve learnt from this experience. I hope there’s some judicial learning from this experience, too.
What’s the difference between a barrister and a solicitor (and a legal executive)?
By Lucy Reed, 21st January 2026 Barristers, solicitors and legal executives are all lawyers, but they are different types of lawyers. There are many similarities and many differences. One is not ‘better’, more experienced or more senior than the other. They have quite different training and expertise and do different types of legal work. The system thatContinue reading “What’s the difference between a barrister and a solicitor (and a legal executive)?”
Promoting Open Justice in the Court of Protection 