The Open Justice Principle – the clue is in the title…

by Lucy R | Dec 29, 2019 | Cases, Court of Protection, Explanation, FCReportingWatch

A little while ago we wrote about a case called Cape v Dring. It wasn’t a family case at all, in fact it was something to do with asbestos, and the reason we wrote about it was because it dealt with the principles that apply to applications for sight of...

The deprivation of liberty for 16 and 17 year olds

by Guest Post | Oct 4, 2019 | Cases, Court of Protection, Explanation, FCReportingWatch

We are very pleased to bring this Guest Post very kindly written by Victoria Butler-Cole QC, barrister at 39 Essex Chambers. Victoria tweets at @TorButlerCole We have previously written a post here which gives a brief outline of this case. This post goes into further...

Can parents agree to a 16 year old being detained?

by Julie Doughty | Sep 28, 2019 | Cases, Court of Protection, Explanation, FCReportingWatch

As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision...

Giving birth and the Court of Protection

by reporting watch team | Sep 2, 2019 | Cases, Court of Protection, Explanation, FCReportingWatch

Guys and St Thomas’ NHS Foundation Trust v X [2019] EWCOP 35 This is a guest post from Victoria Butler Cole QC (@TorButlerCole). Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the...

Capacity to consent to sexual relations: obscurity illuminated?

by Barbara Rich | Jul 23, 2019 | Analysis, Cases, Comment, Court of Protection, FCReportingWatch, Notorious

This post originally appeared on Medium and is republished with thanks. It deals with the recent judgment of the Court of Protection in London Borough of Tower Hamlets v NB (consent to sex) [2019] EWCOP 27 and the consequences of sensational commentary on it. The...

Re AB (Termination of Pregnancy) [2019] EWCA Civ 1215: An explanation of the Court of Appeal’s decision in the so-called ‘forced abortion’ case

by Abigail Bond | Jul 22, 2019 | Cases, Court of Protection, Explanation, FCReportingWatch

This is a post from Abigail Bond, one of our new contributors. Abigail tweets as @AbigailBond1. On Friday 21 June 2019 Mrs Justice Lieven gave an ex tempore (spoken) judgment in open court in the Court of Protection, declaring that AB, a 24 year old...