• 01616 966 229
  • Request a callback
Stephensons Solicitors LLP Banner Image

Services
People
News and Events
Other
Blogs

Court of Protection Blog

Our Court of Protection solicitors egularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

.

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

  • Posted
  • Author

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

  • Posted
  • Author

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

  • Posted
  • Author

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

  • Posted
  • Author

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...

Mental capacity and best interests in pregnancy termination

Katie Byrne
  • Posted
  • Author

The central issues in the recent Court of Protection case of Re H (An Adult; Termination)  [2023] EWCOP 183 [1] ) concerned Ms H's capacity to decide to terminate her pregnancy and if she did lack capacity, whether a termination was in her ...

Adult social care - hospital discharge figures

Sophie Holmes
  • Posted
  • Author

Stats revealed by the BBC recently suggest that fewer than 1 in 10 patients in North West hospitals who are medically fit for discharge are actually able to leave due to a lack of beds in other settings. Research found that the North West was the worst...

Specialist Court of Protection solicitors

Sophie Maloney
  • Posted
  • Author

At Stephensons our specialist  Court of Protection solicitors  deal with all contentious health and welfare related cases including disputes surrounding mental capacity and best interests as well as disputed property and affairs matters. Mental...

The role of a property and affairs deputy

Paige Richards
  • Posted
  • Author

Being a property and affairs deputy is an important responsibility, you must ensure that you are acting in the client’s best interest. When establishing whether you are acting in the client’s best interest, you need to ensure the decisions...

An end-of-life decision in the Court of Protection

Sophie Maloney
  • Posted
  • Author

Northern Care Alliance NHS Foundation Trust v KT & Ors [2023] EWCOP 46 (25 August 2023) “…there comes a point where the laudable aspiration to prolong life is overtaken by the equally strong moral imperative not to protract death. Where...

A Court of Protection application to authorise a planned caesarean section

Sophie Holmes
  • Posted
  • Author

The recently published North Middlesex University Hospital NHS Trust & Anor v MB [2023] EWCOP 23 concerned a 26-year-old woman, ‘MB’ who was 37 weeks pregnant and shortly due to give birth to her first child. MB was detained in hospital...

  • Page 1 of 6