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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.
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...
The recent case of TA v The Public Guardian [2023] EWCOP 63 , concerned a 92-year-old lady (‘KA’ and the protected person ‘P’) who resided in a care home and had three children, including TA (the appellant). In 2019, KA executed...
The recently published X NHS Foundation Trust v RH [2024] EWCOP 150 judgment concerned an application by an NHS Trust (‘the Trust’) for declarations that it was in RH’s best interests to receive urological surgery under general...
In a recently published judgment, the Court of Protection considered the question of how a property and affairs deputy should approach the issue of whether to inform P of the value of their civil litigation settlement. PSG TC Ltd v CK & Anor [2024]...
The recently published Manchester University NHS FT v Y [2023] EWCOP 51 judgment concerned an application to determine whether Y had capacity to consent to surgery to his shoulder and, if he lacked capacity, whether the proposed surgery was in his best...
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...
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...
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...
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...
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 ...
