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Philip Jones

Deprivation of liberty - a change in the wind?

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Re HC [2024] EWCOP 24 arguably represents a further development in the judicial thinking regarding deprivations of liberty that is moving away from the decision in Cheshire West . It concerned the residence and care arrangements for a 27-year-old...

Open justice in the Court of Protection

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Legally speaking, the judgment in King’s College Hospital NHS Foundation Trust v South London and Maudsley NHS Foundation Trust & Anor [2024] EWCOP 20 (‘ King’s College’ ), given by Ms Justice Henke on 10 th April 2024, has no...

A vicissitude of life - death and dying in the Supreme Court

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Judgment in Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1 was handed-down by the Supreme Court (‘the court’) on 11 January 2024, marking its first judgment of the year. The issue before the court was whether an individual...

Care home and hospital visiting - the new regulations

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The Department for Health and Social Care (‘DHSC’) has laid before Parliament the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 (‘the regulations’) regarding visiting in care homes and hospitals...

Human Rights and Mental Capacity - an interplay in the Court of Protection

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Re BNK (Dental Treatment) [2023] EWCOP 56 provided a restatement of the interaction between the Mental Capacity Act 2005 ('MCA') and the European Convention on Human Rights (‘the convention’). Factually, it concerned dental treatment...

Palliative care in the Court of Protection - weighing the options

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Judgment in The NHS Foundation Trust v K [2023] EWCOP 57 was handed-down on 14 th December 2023. It concerned an application by a hospital trust (‘the trust’) for declarations with respect to treatment for K, a young person who was an...