Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal

by Daniel Clark, 13th August 2024 What can a party do if they feel that, during the course of a hearing, they were “silenced and bullied and berated” by the judge? What happens if a litigant in person thinks that the judge is taking advantage of her lack of representation and “colluding” with the local authority? Continue reading “Marking one’s own homework: A “fair-minded observer’s” view of a recusal refusal”

She wants to tell her Court of Protection story but will the court allow her? 

By Amanda Hill, 6th August 2024 This is a blog about an application to change (“vary”) a Transparency Order, the order restricting what can be reported from a Court of Protection hearing. Unlike many other blog posts about applications to change Transparency Orders, the application this time isn’t from a member of the Open Justice Court ofContinue reading “She wants to tell her Court of Protection story but will the court allow her? “

My first in-person observation at the Royal Courts of Justice

By Amanda Hill, 31st July 2024 “The Royal Courts of Justice (London’s High Court) is an enchanting building on London’s Fleet Street.” So says the Royal Courts of Justice (RCJ) website, promoting public tours of the Grade 1 listed building, the centre for many of the most important court hearings in the United Kingdom. I have observed two dozenContinue reading “My first in-person observation at the Royal Courts of Justice”

Transparency requires free and timely public access to skeleton arguments in the Court of Appeal

By Celia Kitzinger, 28th July 2024 Why were members of the public asked to pay £626 to read skeleton arguments from a case in the Court of Appeal?   Not me. I got them for free after I asked the lawyers, one of whom asked the judges during the course of the hearing whether I could haveContinue reading “Transparency requires free and timely public access to skeleton arguments in the Court of Appeal”

The Court of Protection at its best?

By Georgina Baidoun, 24th July 2024 The Open Justice Court of Protection Project posted the following alert on X and I felt I should rise to the occasion, given that the appointment of deputies for property and financial affairs is my particular interest area. The court listing isn’t specific about the type of deputy but thereContinue reading “The Court of Protection at its best?”

Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution

By Amanda Hill, 21st July 2024 This blog is about an all-remote hearing before a judge (HHJ Brown) who ruled – very unusually for a Court of Protection hearing – that no parties’ names should be used in the course of the hearing. She asked for the protected party (P) to be refered to with an initial all the time, rather than by his first name.  SheContinue reading “Anonymising P and his family in the courtroom: An unnecessary and unhelpful precaution”

Appointment of a Deputy – and some good news for transparency

By Georgina Baidoun, 16th July 2024 I was interested in this hearing (COP 13826049) before DJ Griffiths sitting at Exeter on 11th July 2024 because it was listed as concerning the appointment of a deputy for property and affairs. Before the hearing began I was surprised to find that the Transparency Order I was sent in advance ofContinue reading “Appointment of a Deputy – and some good news for transparency”

Anorexia and the capacity to make decisions about nutritional intake

By Ty Glover, 14th July 2024 Back in 2007, a spate of television programs focused on “size 0” and “super skinny” bodies with the focus being on the then (and now) fashionable trend for size 0 models. Although I did not watch all of those programs, I recall one in which Louise Redknapp, wife of former footballerContinue reading “Anorexia and the capacity to make decisions about nutritional intake”

Complex issues for the court and plans for an ‘omnibus’ capacity hearing

By Claire Martin, 9th July 2024 At the centre of this case is Mrs G who has come to the attention of the court because carers have alleged that her daughter is abusing her.  Mrs G is said to complain to carers about her daughter’s behaviour, and then to retract these statements later. Her capacity to decide aboutContinue reading “Complex issues for the court and plans for an ‘omnibus’ capacity hearing”

Daughter’s home in jeopardy when mother dies and father lacks capacity

By Georgina Baidoun, 4th July 2024 This case caught my attention because it was listed (see below) as concerning “authorising a gift or settlement of property” – and it turned out to be a substantial gift (a house).  My request to observe the 11.00am hearing (COP 13569463) before DJ Ellington was answered with a linkContinue reading “Daughter’s home in jeopardy when mother dies and father lacks capacity”