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Cases

RS, Re (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3)

27/11/2025

 
Best interest decision concerning whether an 18 year old should have surgery to correct curvature of his spine.

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Nottinghamshire County Council v SV & Anor [2025] EWCOP 37

13/11/2025

 
Judgment in long running proceedings primarily concerning whether a fact finding hearing is required

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London NHS Trust v DT & Anor [2025] EWCOP 36 (T3)

30/10/2025

 
Best interests decision regarding DT and whether she should be moved to another country for the purpose of brain stem tests to determine whether she is dead. 

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KP (Termination of Pregnancy) [2025] EWCOP 35 (T3)

24/10/2025

 
Capacity and best interests decision concerning KP, a pregnant 19 year old diagnosed with cerebral palsy and Dissociative Identity Disorder

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Gardner (Deceased), Re (Duration of Transparency Order) [2025] EWCOP 34 (T3)

9/10/2025

 
Application to extend a Transparency Order where P has died.

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Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3)

29/9/2025

 
Capacity decision concerning AW, an 18 year old who had been having suicidal thought.

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W, Re: Capacity to Engage in Sexual Relations & Marry [2025] EWCOP 32 (T2)

25/9/2025

 
Application concerning whether W has the capacity to engage in sexual relations and to enter into a marriage or civil partnership.

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​Macpherson v Sunderland City Council [2025] EWCA Civ 1159

12/9/2025

 
Appeal against a finding of contempt of court and resultant sentence of imprisonment imposed following a breach of that contempt. 

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Torbay Council v Bench & Anor [2023] EWCOP 75 (T2)

2/9/2025

 
Application to enforce a custodial sentence for contempt of court where the contemnor admits breaching the order.
Tia Bench is the mother of YY, a vulnerable adult who, it is agreed, lacks capacity to make decisions about contact. She had been made subject to a committal order for improperly visiting YY with 14 days terms of imprisonment suspended for 12 months. Within a month, she breached the order and did so on another occasion, admitting as much in evidence at this hearing.

HHJ Searle declines to enforce the order immediately, partly as it appears to her the contemnor has been trying to turn a new leaf, and so gives her the benefit of the doubt. Instead the judge re-sentences the contemnor to 21 days suspended for a further 12 months 

Read the judgment on Bailii

The Hillingdon Hospitals NHS Foundation Trust v YD & Ors (Refusal of Withdrawal of Treatment) [2025] EWCOP 31 (T3)

29/8/2025

 
Application by Trust to withdraw nutrition for a patient who had been in a PDOC since October 2024 following a bleed on the brain and who had long upheld complementary medicines such as Reiki. 

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    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

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