A hearing before Mr Justice Poole (COP 13551368) listed for three days (26-28 October 2020) was adjourned, only part-heard, because of inadequate reports from the expert witness. The expert witness, Dr Q, a consultant psychiatrist, gave evidence that the person at the centre of the case (let’s call her Barbara) lacked mental capacity to make any of the decisions before the court. His evidence simply collapsed under cross-examination.
By Adam Tanner, 28th October 2020 Over the past seven years I have worked within the justice system and have been an observer as a law student and PhD researcher in several hundred in-person court hearings. Since the lockdown restrictions commencing in March 2020, there has been a new feel to the justice system inContinue reading “A COVID-Secure Attended Hearing”
Ruth was not in court. She was represented in court by a barrister appointed and instructed via the Official Solicitor. Her barrister reported that “Ruth is very clear in her own mind that she does not lack capacity to make these decisions”. But he did not argue on her behalf that the court should accept that she has capacity.
Gerald “strongly believed he could manage at home with care visits, but preferred to stay in the current ‘so-so’ home if around-the-clock care was needed. If a care home was truly necessary, Gerald asked only that one capable of accommodating his cat could be found….”
By Emily Williscroft, 7 October 2020 My experience of observing a Court of Protection hearing was exciting and bewildering and a brilliant educational opportunity. I feel inspired to observe more hearings because it’s such a fantastic way of learning more about the law in practice. I finished my undergraduate degree (with first class honours from EdgeContinue reading “A law graduate’s first experience of a COP (telephone) hearing”
As a GDL student looking to gain legal experience in the middle of a global pandemic, things have not been easy recently … I am extremely grateful to the Open Justice Court of Protection Project … for providing me with the information and assistance I needed to be able to gain access to a hearing”
“…Improving the CourtServe listings…would be a substantial contribution to Open Justice and transparency in the Court of Protection.”
“…it was reassuring to witness a judge who acted with empathy for the family’s concerns whilst ensuring that P remained the primary focus. Judge Hilder skilfully found solutions to empower both P and her family throughout the process by suggesting ways to involve them as much as possible.”
“…I also recognise that I may hear things that I disagree with in the course of a hearing. When something unexpected is said, I noted that the Judge needs to quickly form a view on whether it is relevant to the hearing or not, and if not, let it go…”
“For Paul, the outcome was the one he wanted – at least at time of capacity…[but]…That decision was not his. it was a best interests decision made by the court…”