“I have reached a clear conclusion that AB lacks capacity to decide whether or not she should be tube fed.” – Commentary on Judgment

“…The outcome of the judgement is the same for AB, regardless of whether she is deemed to have capacity or not, since NG feeding is judged not to be in her best interests. But a judgement in line with our argument would have given effect to her autonomy and recognised that it is her decision to seek palliative care, rather than a best interests decision made by the judge on her behalf.”

Questions of Capacity

“…by gum, I’ve learnt so much more than from the mandatory eLearnings I have recently completed. Having got to grips with the legislation, I’m now on the lookout for a court hearing before a district judge so as to be able to observe the discussions and decision making regarding capacity, autonomy etc that challenge me on a day to day basis.”

A Patient with Severe and Enduring Anorexia Nervosa: The need for a declaration and the capacity to make a decision

“…The judgment for this hearing will be handed down within the next week. If AB is found to have capacity by Mrs Justice Roberts, this will be the first case in England and Wales since 2012 in which a patient with severe and enduring anorexia nervosa is found to have capacity to make her own decisions about nutrition…”

How to Find a Court of Protection Hearing to Observe

By Celia Kitzinger, 17th August 2020 There are various ways for you to find a hearing to observe, if you are interested in seeing law in action in the Court of Protection. Obviously, you can simply pick one of our “Featured Hearings” from the home page of our website: we update them every evening forContinue reading “How to Find a Court of Protection Hearing to Observe”

Accessing Open Justice: Our Experience

“…Overall, we encourage anyone with an interest in open justice (which should be everyone), including students, or aspiring lawyers, to utilise this great project and raise awareness of just how open, open justice can be…”

Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s wishes and leave ‘Best Interests’ decision-making to the judge?

“…Do we need to change the system? Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s views – and leave ‘Best Interests’ decision-making to the judge?”

Addressing the Oral Judgment to the Person it Most Concerns

By Celia Kitzinger – 3rd August, 2020 Something exceptional happened in a hearing I observed last week.  A judge – it was Mr Justice Cobb – delivered an oral judgment directly to the young woman at the centre of the case, addressing her by name. This was the 53rd hearing I have observed in theContinue reading “Addressing the Oral Judgment to the Person it Most Concerns”