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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.
In a recent case, the Vice President of the Court of Protection, Hayden J, reminded us of the importance of the presumption of capacity and the requirement for proper assessment of mental capacity on an issue-specific basis. Everyone is assumed to have...
The third quarter of 2019 (July-September) saw a record number of applications made under the Mental Capacity Act according to a recent update on family court statistics. A total of 9,407 applications were made under the act during this period which...
In the recent landmark Court of Protection case of AB (termination of pregnancy), Re [2019] EWCA Civ 1215, the Court of Appeal had to decide whether it would be in the best interests of AB, a learning disabled woman, to provide the consent necessary in...
In the recent Court of Protection case of Re: A [2019] 3WLR 59, Cobb J outlines the relevant and irrelevant information for the purposes of deciding whether a person has capacity to make decisions about internet and social media use. The...
In the recent Court of Protection case of Royal Borough of Greenwich v CDM [2019] EWCOP 32, the court had to decide whether the assessment of capacity to make decisions about diabetic management should be one global macro-decision, embodying all of the...
A remarkable case heard by Lord Justice Hayden sitting at the Court of Protection in London has highlighted the importance of going the extra mile to establish a person’s wishes and feelings, even in circumstances where a person may not be able to...
The case of University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39 concerns an application made by the trust to rule out further treatment if a patient’s condition were to deteriorate. The protected party in this case is “P”, a...
The Court of Protection is able to make decisions on behalf of a person who lacks capacity and so, one of the first things the court must consider in proceedings is whether or not the person in question has capacity or not. At the point of the case...
In the recently reported case of A Local Authority v BF [2018] EWCA Civ 2962, the court ruled that in an emergency situation, someone may be deprived of their liberty in the absence of evidence of mental disorder without infringing their human rights. ...
In the recently reported case of University College London Hospitals v KG [2018] EWCOP 29, the court ruled that it was in the best interests of a person lacking capacity to receive a medical treatment that has never been tested on or administered to any...
