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News & views

Vice President hears better evidence from medics and P is better represented in remote hearings

8/3/2021

 
Comments came in webinar looking at the role of court observers which you can now watch for free on the Bath Publishing website.

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The "Secret" Family Court: Fact or Fiction? Free webinar next week

19/3/2020

 
Join HH Clifford Bellamy, Sir James Munby, Lucy Reed, Louise Tickle and Dr Julie Doughty for a panel discussion and interview on Thursday 26th March 2020 at 4pm,

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Transparency Pilot extended pending full Rule changes

27/7/2017

 
The provisions implementing the Transparency Pilot for reporting in the Court of Protection have been extended till 30 November 2017.

The pilots were launched in January 2016 and were due to come to an end on 31 August. 

However the deadline has been extended as it is intended that a package of revisions to the Court of Protection Rules and supporting Practice Directions will be laid before the end of the year and the extension bridges the gap.

You can read more about it on the Judiciary website.

Vice President issues updated Transparency Pilot order

29/6/2017

 
Mr Justice Charles has issued guidance and a revised template order relating to the transparency and Reporting Restrictions Orders.

​The revisions follow comments in his judgment of V v ANL [2016] EWCOP 21 following which

"the ad hoc Committee on the COP Rules has considered the amalgamation of the two approaches and as a result has recommended that a further amendment should be made to the Transparency Pilot to achieve the result that it applies to all proceedings in the COP apart from applications for committal."

The revised order:
  • is still directed to those who attend or find out what happened at an attended public COP hearing, and so is not directed to the world at large which the RROs were,
  • still does not contain a schedule identifying those who cannot be identified,
  • contains alternatives relating to its duration (which reflect the old Pilot Order and the RROs) for selection by the judge,
  • now does contain a list of what is not restricted by the order, which is modelled on, but does not replicate, the list in the RROs, and
  • provides that the injunction does not apply to a public hearing of, or the listing for hearing of, any application for committal.
However a change for serious medical cases is that prior notice of the making of a Pilot Order will not be given to the media.  

​You can read the full guidance note and download the revised order on the Judiciary website.

New case alert: M v Press Association [2016] EWCOP 34

4/7/2016

 
Daughter's application for the continuation of a RRO after her mother (who was in a minimally conscious state) died following the withdrawal of life-sustaining treatment by means of clinically assisted nutrition and hydration. The application was refused, the judge saying that "the balance here weighs more heavily in favour of freedom of expression".

Read the full text of the judgment on Bailii
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