by Guest Post | Apr 25, 2024 | Cases, Court of Protection
This is a guest post by Alex Ruck Keene KC (Hon) reproduced with his permission from the Mental Capacity Law and Policy blog. In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of...
by Paul M | Aug 1, 2023 | Comment, Court of Protection, Explanation
Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice. The case is Esper v NHS North West London Integrated Care Board [2023] EWCOP 29; [2023] WLR(D) 300, and is a decision of Mr Justice Poole. This case has also...
by Paul M | Mar 24, 2023 | Comment, Court of Protection, Transparency News
The Court of Protection will, on rare occasions, not only hear a case in private but do so without telling one of the parties or their representatives, even after it’s happened. This is known as a ‘closed’ hearing. The court has power to do so under the Court of...
by Paul M | Mar 2, 2023 | Comment, Court of Protection, Legal blogging, Reporting Pilot, Transparency News
With the recent launch of the Transparency Reporting Pilot in the family courts, there may be a risk of confusion over some of the terminology, such as “Transparency Orders”, already used in the Court of Protection, and misunderstanding over the role of “legal...
by Guest Post | Aug 10, 2022 | Analysis, Court of Protection, Explanation
This is a guest post by Alex Ruck Keene, reposted with permission from the Mental Capacity Law and Policy blog. In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the case before him by Keehan J, in ‘broadly...
by Guest Post | Jun 10, 2022 | Comment, Court of Protection, Transparency News
In the first of two linked guest posts, Celia Kitzinger explains the problem with the confusing and inconsistent way Court of Protection cases are currently listed, making it more difficult for public observers to attend the hearing. (This post is reproduced with...
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