This is a situation that could confront any of us – and our partners, ex-partners, family and friends. … Another lesson from this case is the need to keep wills under review. One option open to Mr R when he still had testamentary capacity may have been either to change, re-affirm or clarify his will after his partner ended their relationship.
Tag Archives: Open Justice
Decision to remove a professional deputy (without a fact-finding hearing): DJ Clarke in action
I’ve observed a lot of different judges in a lot of different hearings. If I were P, or a member of P’s family, DJ Clarke is a judge I’d be very happy to have hearing my case.
Mother refuses to return P to the UK in defiance of court order – but there’s no application for committal for contempt of court: What more can the court do?
In defiance of a court order and to prevent Miranda being temporarily moved out of the family home for assessment purposes, Miranda’s mother took her to Jamaica in early February 2023.
Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)
By Celia Kitzinger, 29th August 2025 Earlier this month, Sandra and Joe Preston published an account of their experience in the Court of Protection and queried whether the case about their relative’s “deprivation of liberty” was a good use of judicial time, tax-payers’ money and in the public interest. You can read their blog postContinue reading “Making it possible for families to tell their Court of Protection stories: How we got the reporting restrictions changed (while P is still alive)”
Lieven J grapples with cuckooing and the effect of a DOL order
By Daniel Clark, 27th August 2025 This case concerns a young man with a hypoxic brain injury arising from a cardiac arrest. He is a drug user and a victim of cuckooing, (which is when a person’s dwelling is taken over without their consent for the purposes of committing or commissioning a crime). The applicantContinue reading “Lieven J grapples with cuckooing and the effect of a DOL order”
Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency
By Claire Martin, 25th August 2025 Transparency and open justice are principles at the heart of our justice system. Last year, the Lady Chief Justice created a Transparency and Open Justice Board, chaired by Mr Justice Nicklin, who said that the Board will “set objectives for all Courts and Tribunals, focussing on timely and effectiveContinue reading “Timely and effective access to the court: Four case studies with judges struggling to deliver on transparency”
Commentary on Re YD (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3)
By Jenny Kitzinger, 20th August 2025 A couple of weeks ago I observed a hearing about ‘YD’, a 60-year-old man in a Prolonged Disorder of Consciousness at the lower end of the spectrum (a vegetative state). The Trust had made an application that it was in YD’s best interests to withdraw life-sustaining treatment, specifically clinicallyContinue reading “Commentary on Re YD (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3)”
My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care
By Sandra Preston, 18 August 2025 On 13 August 2025 I went to First Avenue House (the London headquarters of the Court of Protection) for the first time as an observer – rather than as the relative of a Protected Party (as described my blog post here). I had chosen to do so to gainContinue reading “My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care”
Sentencing in contempt proceedings: Punishment and coercion in a case before Lieven J
By Celia Kitzinger, 14th August 2025 A mother who refused to obey court orders was sentenced to 28 days in prison, and her pre-teenage daughter was to be taken into foster care, in a case I watched in the Family Court on 11th August 2025. The judge, Mrs Justice Lieven, ordered the local authority toContinue reading “Sentencing in contempt proceedings: Punishment and coercion in a case before Lieven J”
The problem with Motability Hire Agreements: A Deputy’s concerns in the COP
By Amanda Hill, 11th August 2025 Update 30th September 2025: The OPG have now issued a press statement summarising what deputies should do and an address to contact Motability. You can read about it here: Update 2nd September 2025: I’ve now received a copy of the approved order for this hearing so I’ve added aContinue reading “The problem with Motability Hire Agreements: A Deputy’s concerns in the COP”
Promoting Open Justice in the Court of Protection 