By Sydney White, 24th June 2026 The grave facts of this case (COP 20033278, before Mrs Justice Theis on 23rd June 2026) are discussed in a previous blog (Anorexia, declaratory protection and the Mental Health Act: Ventilating a jurisdictional question following Townsend). In summary it concerns a woman (“P”) who suffers from anorexia nervosa and isContinue reading ““Steadying the ship”: Vice President’s judgment will list factors to consider before making applications for declaratory relief in life-sustaining treatment cases relating to the Mental Health Act”
Tag Archives: Theis J
A personal reflection on decision-making processes
By Vicky Farrell, 22nd June 2026 As an experienced clinical lead within NHS community services for older adults, I recently attended a virtual hearing with the aim of gaining insight into how the Court of Protection facilitates complex decision-making outcomes. The case I observed was COP 20019749 before Mrs Justice Theis sitting at the RoyalContinue reading “A personal reflection on decision-making processes”
Permission to appeal refused: A procedural dead end
By Elissa Novak (with an introduction by Celia Kitzinger), 22nd February 2026 This is effectively the third tranche of litigation in the long-running case concerning Luba Macpherson and her daughter, “FP”. First came the welfare proceedings for FP which were concluded in 2023[1]. Then came committal proceedings which concluded in 2025 with Luba serving aContinue reading “Permission to appeal refused: A procedural dead end”
Consultation with Health and Welfare Attorneys/Deputies: A ‘lacuna in the system’ exposed in Cwm Taf Morgannwg UHB v RW [2026] EWCOP 10 (T3)
In ignoring her role as decision-maker and failing to consult about treatment, the hospital displayed “a stark disregard for and misunderstanding of the Mental Capacity Act 2005” said the Health and Welfare Attorney.
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.
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)”
A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?
By Jenny Kitzinger, 8th August 2025 12th August 2025: The judgment has just been published (click on the case name): The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3). Jenny has written a commentary on the judgment (also covering media reception of it) here: “CommentaryContinue reading “A patient with “unusual” spiritual beliefs: Is withdrawing a feeding tube in his best interests?”
Litigation Capacity, Luba Macpherson and the court’s engagement with a ‘persistent’ litigant
By Claire Martin, 30th July 2025 Luba Macpherson[1] is a woman with strongly held views regarding the care and treatment of her daughter. The Open Justice Court of Protection Project has published several blogs about the case, most recently this blog by Amanda Hill: ‘Strongly held beliefs do not equate to lack of litigation capacity:Continue reading “Litigation Capacity, Luba Macpherson and the court’s engagement with a ‘persistent’ litigant”
Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison
By Amanda Hill, 24th June 2024 “But in America, in my home, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now.” (Bruce Springsteen, during his concert at Lille, Saturday 24 May 2025[1]) As well as saying people are persecuted for using their right to freeContinue reading “Strongly held beliefs do not equate to lack of litigation capacity: Judgment concerning Luba Macpherson’s appeal against committal to prison”
Another Irish Schedule 3 case: “An oddity in the Court of Protection”
By Celia Kitzinger, 11th September 2024 She’s an Irish citizen in her early twenties, with schizophrenia and a “mild intellectual disability”, currently detained in an acute unit at an Irish psychiatric hospital under an order of the Irish Court. It’s not an appropriate placement for her. Everyone agrees she needs a homely environment where she canContinue reading “Another Irish Schedule 3 case: “An oddity in the Court of Protection””
Promoting Open Justice in the Court of Protection 