I know it’s not a popular view, but I consider the limitations on my daughter’s liberty arise from the injury. She cannot always bring forward and initiate ideas; she can’t go out alone – not because we or the State want to impede her experience of liberty but because the combination of visual impairment, mobility impairment and speed of processing information make it unsafe for her to do so.
Tag Archives: Open Justice
A summary of the arguments heard by the Supreme Court
On 20-22 October 2025, the UK Supreme Court is hearing argument about how to understand a deprivation of liberty. This blog is a summary of the oral arguments that the court has heard, and will be updated as the case develops.
Cheshire West returns to the Supreme Court: The position of the parties
This blog contains brief summaries of the position of each party and intervener. In putting together this blog, I’ve tried to capture the essence of each position but not explain every step in the formulation of that position.
A committal, a closed hearing, and forced removal of P
It was fascinating to to be able to ‘eavesdrop’ on the practical and legal dilemmas created by this situation as it unfolded in real time. … to appreciate how decisions emerge in response to changing events on the ground, and how competing arguments are advanced (often fervently) by people committed to P’s best interests but with different perspectives on how P’s best interests should be served
Serving a prison sentence for contempt of court: Luba Macpherson
The Court of Appeal was (again) displaying to others who might be tempted to flout court orders that it would not hesitate to exact punishment.
An urgent caesarean application in a disturbing case
She went to Somalia to be with her grandmother, and she returned to the UK in July 2025. When she arrived at hospital the following month, having had a fall, clinicians realised she was eight months pregnant.
Attorneys disagree about a house purchase for their mother: Case management for a final hearing
Court of Protection judges are very experienced in dealing with fraught situations and family dispute. The stakes are high when family members disagree about the care or finances of a relative who lacks capacity to make their own decisions, and there are likely to be different perspectives on who is being most loving, or reasonable or responsible, who started what, or who is to blame for the current situation.
“Let me talk about my partner’s death”– Court of Protection told
By Daniel Cloake, 23rd September 2025 Editorial note: Judgment in this case has now been published: Re Carl Gardner, Deceased (Duration of Transparency Order). This blog is reprinted, with permission (and a few minor changes) from Daniel’s own website: mouseinthecourt.co.uk. Daniel observed this hearing (COP 20006397) in person in Court 33 at the Royal CourtsContinue reading ““Let me talk about my partner’s death”– Court of Protection told”
Authenticity of a “Living Will”
None of us would want our loved ones to be placed (like AB’s fiancee) in the position of having to defend the authenticity of our written documents after we’ve lost capacity. We want to produce documents that are sufficiently robust to avoid this kind of challenge
Should surgery be delayed while the legal framework relating to capacity is established?
SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly what her expectations were and fixing firm deadlines by which actions needed to have been completed, and making it evident to representatives when she was less than pleased with their response (eg “it’s not helpful to be told a party has not yet made its mind up”).
Promoting Open Justice in the Court of Protection 