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“I need two volunteers – you, and you” – how ‘voluntary’ is voluntary...
A consideration of the High Court decision in CA (A Baby), Re [2012] EWHC 2190 (Fam) (30 July 2012) and whether it is now legitimate for a social worker to ask a mother to agree voluntary...
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“That’s all we do, isn’t it? Look at things and try new rules?”
- Ernest Hemingway (nearly) A consideration of the private members bill about Family Justice I came across John Hemming MP’s draft family justice bill, which will be put forward as a...
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an englishwoman’s home is her castle (unless she is 82) ?
A race through KK v STCC 2012 – on deprivation of liberty, capacity and Court of Protection. The judgment is on Baiili, here:- http://www.bailii.org/ew/cases/EWHC/COP/2012/2136.html It is a High...
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“Cutting edge forensic linguistics”
A discussion of the Court of Protection case of PS v LP 2013 http://www.bailii.org/ew/cases/EWHC/COP/2013/1106.html An interesting case – I don’t cover Court of Protection stuff as often as I...
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What IS the Court of Protection?
This is intended to be a beginner’s guide to the Court of Protection, not exclusively intended for lawyers. There are, in fact, some journalists who might benefit from it. You may have been reading...
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Incapacity cannot be deduced from isolated incidents of eccentric reasoning
The Court of Protection decision in Heart of England NHS Foundation Trust and JB 2014 http://www.bailii.org/ew/cases/EWHC/COP/2014/342.html In this case, the Court of Protection, in the form of Mr...
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Another C-section case
I know that these Court of Protection decisions, authorising a hospital to undertake interventions / treatment without a patient’s consent are of interest to my readers, following on from the case with...
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Let’s find you a nice young man
The law on capacity and sexuality is developing swiftly at the moment, and throwing up some really difficult decisions. In A Local Authority v TZ (no 2) 2014, the Court of Protection went on from its...
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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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