By Daniel Clark, 16th May 2025 This case concerns XY: an autistic man in his twenties who lived an active and sociable life until a decline in his mental health. As described in an earlier blog post, he’s been failed by NHS South West London ICB and the London Borough of Wandsworth. The issue before theContinue reading “DJ Clarke calls time on public body delay: Internet restrictions, consultation with deputies, and a rejection of judicial “micromanaging””
Tag Archives: Open Justice
Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review
By Celia Kitzinger, 14th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) The man at the centre of thisContinue reading “Validity and applicability of an Advance Decision to Refuse Treatment: A pre-trial review”
Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J
By Celia Kitzinger, 5th May 2025 Editorial note: There is a now published judgment, following the later hearing of 22nd and 23rd May) (which will be blogged separately). Click on the link in the name of the case: Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) This case (COP 20006397), heard by MrContinue reading “Determining the legal status of a ‘Living Will’: Personal reflections on a case before Poole J”
‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty
By Claire Martin, 28th April 2025 The Courts and Tribunals Judiciary defines contempt of court like this: I have recently discovered, at a different hearing for contempt, that the criminal standard of proof (of beyond reasonable doubt) is required for both criminal and civil contempt. That is different to the usual standard of proofContinue reading “‘Sentencing’ for Contempt of Court: HHJ Hilder decides on no penalty”
Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions
by Daniel Clark, 25th April 2025 On Wednesday 16th April 2025, the UK Supreme Court handed down judgment in two cases. One of them, For Women Scotland Ltd v The Scottish Ministers, has received a huge amount of attention in the press and in social media. The other has not. It is nevertheless a veryContinue reading “Reflections on the Supreme Court’s judgment in Abbasi on the duration of reporting restrictions”
Statutory Wills: A barrister explains
By Ruth Hughes KC, 22nd April 2025 Editorial note: We commissioned this blog post due to the interest in statutory wills generated by the case of W v P [2025] EWCOP 11(T3) which was heard in private. The blog author acted for the P in that case, instructed by the Official Solicitor. We have alsoContinue reading “Statutory Wills: A barrister explains”
If this had been my first court observation, it would have been my last!
By Clare Fuller, 17th April 2025 In the following blog, I’m going to combine two experiences of the same event written contemporaneously and originally as separate pieces. The event is a hearing in the Court of Protection and both experiences are mine. In Part 1 I describe abortive attempts to obtain a hearing link. InContinue reading “If this had been my first court observation, it would have been my last!”
A named defendant awaits sentencing for contempt of court
By Claire Martin, 16th April 2025 Following an adjourned committal hearing back in December 2024, we were concerned that the defendant (referred to only by his initials, “MW”), who is facing a prison sentence for contempt of court, had been anonymised in the public court lists – and the observer considered it likely that thereContinue reading “A named defendant awaits sentencing for contempt of court”
Transparency in twenty days at Cardiff Court of Protection
By Kim Dodd, 15th April 2025 I was a Litigant in Person in my dad’s Court of Protection case from February 2024 until his death in August 2024. He died in the care home it was deemed to be in his best interests to be forcibly removed to, from his own home – despite hisContinue reading “Transparency in twenty days at Cardiff Court of Protection”
Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection
By Amanda Hill, 9 April 2025 (Amanda previously wrote a blog about her experience in March 2023. She had to write that under a pseudonym, Anna. This is what she wrote at the time: https://openjusticecourtofprotection.org/2023/03/17/deprived-of-her-liberty-my-experience-of-the-court-procedure-for-my-mum/) Last weekend I read through the 300-page court bundle of documents associated with my mum’s Court of Protection (COP) caseContinue reading “Our ordinary story ….and how it became an unbelievable family experience of the Court of Protection”
Promoting Open Justice in the Court of Protection 