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Court rules on termination within care proceedings
Any case involving a termination is sad – setting aside any pro-choice v pro-life debates which are beyond my scope any decision about a termination has an enormous emotional impact on everyone...
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Barbecue tongs and police being given power to force entry to a home
Another C-section Court of Protection case. You may have seen the Daily Telegraph piece already...
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Capacity to live with your husband
The Court of Protection case of Re PB (2014) http://www.bailii.org/ew/cases/EWCOP/2014/14.html The case involved a 72 year old woman PB, whom Norfolk CC considered to lack capacity and also felt...
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Korsakoff’s syndrome, alcoholism and capacity
The Court of Protection in X v A Local Authority 2014 were considering the case of a man who had Korsakoff’s syndrome, this is a disease of the brain almost exclusively seen in very serious alcoholics...
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Capacity and financial consent orders
MAP v RAP 2014 http://www.bailii.org/ew/cases/EWHC/Fam/2013/4784.html I don’t often write on the financial side of legal family disputes (I haven’t done divorce law for about ten years, and it is...
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Capacity to consent to sex – do you want a Hanc or a Hunc?
Mostyn J has just given a ruling in the Court of Protection – London Borough of Tower Hamlets and TB 2014 http://www.bailii.org/ew/cases/EWCOP/2014/53.html Within this case, Mostyn does two...
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Your Honour, I am afraid that I have not done a position statement, but may I...
I think this summarises our position I thought of that gag this morning, and kudos to Cobb J for giving me the opportunity to deploy it. Newcastle City Council v WM and Others 2015...
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Not being allowed to see an expert report
I’ve read this case half-a-dozen times now, and I still don’t entirely get it. NCC v AH and DH 2015 http://www.bailii.org/ew/cases/EWHC/Fam/2014/4845.html Dramatis personae NCC is the Local...
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Care proceedings can be retrospectively validated
Readers might remember the recent case where the President looked at a set of care proceedings where it had not been known at the time that the mother lacked capacity, and the outcome was that the...
View ArticleCar crash, Hot Tub, (wish they had a) Time Machine
I’m sure there are boring cases that come into the list of Her Honour Judge Lazarus, but I’m yet to read one. She opens this cracker with the line “ I likened it to arriving at the scene of...
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