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.
Tag Archives: Poole J
“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
Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J
By Claire Martin, 13th June 2025 Le soleil ni la mort ne se peuvent regarder en face. You cannot stare straight into the face of the sun, or death. François de La Rochefoucauld, Maxim 26 Over the course of the last year or so, I’ve been thinking about what provisions I want to put inContinue reading “Preparing for possible future lack of capacity: My advance decision to refuse treatment and the case before Poole J”
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”
Public bodies argue about funding – Poole J feels like “a referee or go-between”
By Amanda Hill, with contribution from Tim Sugden, 5th March 2025 The protected person (“MH”) has been diagnosed with dementia and lives in a care home. This case (COP 14214860) began as a Section 21A appeal (a Deprivation of Liberty challenge) and was initially before a district judge before it turned into a case about serious medical treatment towards the end ofContinue reading “Public bodies argue about funding – Poole J feels like “a referee or go-between” “
Treatment for Anorexia Nervosa: A brief directions hearing (with a new postscript on transparency)
This case concerns CC, who has a diagnosis of anorexia nervosa. A Trust seeks court declarations about her treatment.
Moving forward in Re A (Covert Medication: Closed Proceedings): A social work perspective
The reality is that they are likely to experience ongoing and significant state intervention with potentially daily visits from carers, fortnightly visits from health and social care practitioners, medical and hospital appointments etc. While living at home with her mother has been what A has been asking for all along, and the court has determined that it is in her best interests to do so, it may not feel like the least intrusive option given the level of scrutiny and stress they will be exposed to
A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)
By Claire Martin, 23rd October 2024 Editorial note: Another observer (Meg Niven Withers, a social worker) also watched this same hearing and has blogged separately here: Moving forward in Re A (Covert Medication: Closed Proceedings): A social work perspective The case (Re: A) has been in the Court of Protection since 2018 and we’ve been following itContinue reading “A is back home and taking her medication voluntarily: The final hearing in Re A (Covert Medication: Closed Proceedings)”
Promoting Open Justice in the Court of Protection 