Court of Protection Hub
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News
  • About the book
  • About the site

Cases Notes & Comment

The latest judgments  from the Court of Protection

The Public Guardian v AM [2015] EWCOP 86

14/12/2015

 
​This case concerns an application by the Public Guardian (‘OPG’) to revoke a Lasting Power of Attorney (‘LPA’).

Read More

WP deceased and EP [2015] EWCOP 84

10/12/2015

 
​An application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors’ funds.

Read More

Re AJ [2015] EWCOP 62

10/12/2015

 
​This case involves an application for reconsideration of previous orders made on paper discharging the current deputy and replacing him with a panel deputy.

Read More

V (Out of Hours: Reporting Restriction Order) (Rev 1) [2015] EWCOP 83

9/12/2015

 
​This judgment relates to the reasons of Theis J for granting a time limited extension for a reporting restriction order (‘RRO’). 

The application was made out of hours on 2nd December 2015, concluding just before 10pm.

Read More

Re AMH [2015] EWCOP 70

9/12/2015

 
This case concerns an application by a neighbour (‘YB’) of the patient (‘P’) to be appointed a deputy for P’s property and affairs in place of the existing deputy, London Borough of Islington (‘LBI’).

Read More

Re AG [2015] EWCOP 78

8/12/2015

 
​This case concerns an appeal against a decision of His Honour Judge Rogers regarding the welfare arrangements of the patient (‘P’).

Read More

Re HNL [2015] EWCOP 77

7/12/2015

 
​This case concerns an application by a deputy for the payment of a gratuitous care allowance from the patient’s (‘P’) estate

Read More

Re N [2015] EWCOP 76

7/12/2015

 
​This case concerns an application by the daughter of the Patient (‘P’) under section 15 of the Mental Capacity Act 2005 (‘the Act’) for a declaration to determine whether it was in P's best interests to continue to receive life-sustaining treatment, by way of Clinically Assisted Nutrition and Hydration (‘CANH’) through a percutaneous endoscopic gastronomy (‘PEG’) tube.

P’s daughter brought the application as she strongly believed that the continuation of treatment was contrary to P’s best interests.

Read More

Kings College Hospital NHS Foundation Trust v C & Anor [2015] EWCOP 80

7/12/2015

 
​Whether a person requiring life-saving treatment lacked capacity to consent to have such treatment or not and accordingly whether the court could make orders under the Mental Capacity Act.

The court, guided by the principle that a capacitous individual is entitled to decide whether or not to accept medical treatment even such treatment to be life-saving, such an individual is sovereign over their own body and mind. PH v A Local Authority [2011] EWHC 1704   applied.

The hospital trust sought declarations under section 4A and 15 of the Mental Capacity Act that the trust and its staff be authorised to provide such medical care and treatment to the Patient C as they judge clinically indicated, to prevent C from leaving hospital without agreement and to use necessary and reasonable physical and/or chemical restraint for the purposes of giving effect to the declaration with respect to medical care and treatment.

The court only considered whether C did or did not lack the capacity to make the decision required.

Read More
    Case summaries & Editor's comments on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    The Book

    Follow Us

    Get the latest cases & news delivered to your inbox with our free email updates.

    RSS Feed

    Embed

    Browse Topics

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Costs
    Deputies
    DOLs
    End Of Life Decisions
    Finance
    Human Rights
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Practice & Procedure
    Publicity
    Reporting
    Residence
    Statutory Will
    Sterilisation

    Archives

    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015

Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy