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News & views

New case alert: Re LM [2015] EWCOP 91

22/6/2016

 
Application to execute a statutory will on behalf of the P, whose assets were significant following the receipt of an award from the Criminal Injuries Compensation Authority. The main question here was the percentage of her estate that should go to charity.

Read the full text of the judgment on Bailii

New case alert: Re QQ [2016] EWCOP 22

22/6/2016

 
The judge agreed with the treating clinician that the P, who has a diagnosis of an emotionally unstable personality disorder and schizophrenia, lacked capacity to make decisions on the issue of her treatment in relation to receiving anticoagulation medication and that it was in her best interests to receive such treatment. 
​
Read the full text of the judgment on Bailii

New case alert: University College London Hospitals NHS Foundation Trust v G [2016] EWCOP 28

22/6/2016

 
Application by the family of a woman in a permanent vegetative state for a RRO, which was to last for 1 month after her death, to be extended indefinitely. The application was refused.

Read the full text of the judgment on Bailii

Finalised  Practice Direction for Case Management Pilot published

17/6/2016

 
The finalised Case Management Pilot Practice Direction has been published in advance of the scheme coming into operation on 1 September 2016.

A version was first released in March 2016 (see previous story) so as  to allow practitioners to prepare for a significant change in case management practice.

As a reminder, the pilot scheme sets out three case management pathways for CoP proceedings:
  1. a Property and Affairs pathway
  2. a Health and Welfare pathway,
  3. a hybrid pathway for cases that have elements of both Property and Health.
IN the PD's words the pilot Practice Direction will

"place an obligation on applicants to provide improved analysis of the issues at the start of a case, allowing for more robust case management decisions to be taken at the outset and all issues to be identified at the earliest opportunity in proceedings. It will also seek to encourage early resolution of cases, to reduce the number and length of hearings required in contested cases and to promote judicial continuity."

The pilot is expected to run for up to 12 months.

You can download the final version of the Practice Direction on the HMCTS website here.

A separate pilot Practice Direction dealing with reports commissioned under section 49 of the Mental Capacity Act 2005 will also commence in June and is also available on the link above.

New case alert: Re S [2016] EWCOP 32

15/6/2016

 
After concluding that the Patient was in a Persistent Vegetative State, the court made declarations that  it was no longer in her best interests to continue to receive artificial nutrition and hydration, and that it was lawful and in her best interests for artificial nutrition and hydration to be withdrawn.

Read the full text of the judgment on Bailii
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