The law is open to interpretation

By:

August 16, 2016 2 comments

deputy

I suspect that a non-lawyer would imagine that, as there is one ‘set’ of laws that all must follow, all lawyers view those laws in the same, uniform, way. However, one thing I learned when I was practising is that lawyers most certainly do not all view the law in the same way. In fact,…

Continue reading…

Court of Protection extends public access

July 29, 2016 1 comment

family law, media, news

A Court of Protection public access pilot scheme has been extended. It was originally scheduled to run from 29 January to 31 July this year but Her Majesty’s Courts and Tribunals Service (HMCTS) has this week extended it until 31 August 2017. Before the scheme began, cases before the Court were usually held in private,…

Continue reading…

High Court overrules daughter of man with dementia

June 24, 2016 0 comments

Court of Protection

A frail 83 year-old with dementia should be allowed to “die with dignity”, the High Court has ruled. Sitting at the Court of Protection, Mr Justice Keehan said he was confident the man’s Christian faith would lead him to “accept death as God’s will”. His daughter, by contrast, had insisted that if he would have…

Continue reading…

Doctors may proceed with surgery on schizophrenic, court rules

May 5, 2016 0 comments

Court of Protection

Doctors may proceed with surgery on a mentally ill woman suffering from cancer, a court has ruled. The unnamed woman, in her 30s, has paranoid schizophrenia. She had expressed an interest in having a child and refused a potentially life-saving hysterectomy after an additional diagnosis of ovarian cancer. The NHS Trust treating the woman applied…

Continue reading…

A Court of Protection case for our times

By:

April 19, 2016 0 comments

family life

Occasionally the opening paragraphs of a law report will pique the interest, and encourage you to read on. So it was with the Court of Protection judgment in Re Z and Others. Mr Justice Cobb’s judgment in the case begins as follows: “It is well known that young people take risks. Risk-taking is often unwise….

Continue reading…

Court deputy appointed for elderly tobacco trader

April 12, 2016 0 comments

fostering and adoption

A court-approved deputy has been appointed to oversee the personal affairs of a retired businessman in West Sussex. The case concerned ‘Ron’, a former tobacco trader who is now 84. He has five children from two of his three marriages. The four oldest, from his first marriage, are all in their 50s, while the youngest,…

Continue reading…

Family members may pay for estate disputes

April 2, 2016 0 comments

Child maintenance

Family members may have to pay the costs of court disputes over the estates of people with dementia and similar conditions. The Court of Protection makes rulings in cases involving people who lack ‘capacity’ – the ability to make decisions about their own welfare and best interests, most commonly due to learning difficulties or the…

Continue reading…