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5th June 2019

Manchester University NHS Foundation Trust v DE [2019] EWCOP 19

This was an application by Manchester University NHS Foundation Trust for a declaration that DE, a Jehovah’s Witness, lacks capacity to conduct proceedings, and to consent to treatment on her left leg, and that it is lawful and in her best interests for her to be given blood products if it becomes clinically necessary during… Continue reading Manchester University NHS Foundation Trust v DE [2019] EWCOP 19

8th May 2019

DM V Dorset County Council [2019] EWCOP 4

This case involved an application by DM for permission to appeal a decision by HHJ Dancey that he lacked capacity to litigate on his own behalf in proceedings as to whether a property and affairs deputy should be appointed for him. DM had been diagnosed as suffering from an impairment of, or disturbance in, the… Continue reading DM V Dorset County Council [2019] EWCOP 4

17th April 2019

Capacity, social media and the internet

On 18 March 2019, Christine Marsh and Julie Fitzpatrick had the pleasure of attending The Annual Patterson Property & Affairs Court of Protection Conference in Manchester arranged by Kings Chambers, where they heard from Sam Karim QC and Francesca P. Gardner regarding the two linked judgements in Re A: (Capacity: Social Media and Internet Use:… Continue reading Capacity, social media and the internet

8th April 2019

DCC v NLH [2019] EWCOP 9

NLH was suffering in the late stages of the degenerative neurological condition known as Prion disease. The applicant local authority applied to the Court for an order permitting the taking of samples from NLH to assist with DNA testing. The results would be important not only to establish paternity of the child in question but… Continue reading DCC v NLH [2019] EWCOP 9

8th April 2019

CB v Medway Council & Anor (Appeal) [2019] EWCOP 5

P was 91 years old and had been living in a care home since September 2017. She had previously lived in her own home with a package of care, however this had not worked out. She objected to being deprived of her liberty and an application was made on her behalf to the Court of… Continue reading CB v Medway Council & Anor (Appeal) [2019] EWCOP 5

8th April 2019

Southern Health NHS Foundation Trust v AB & Ors [2019] EWCOP 11

AB suffers from a conversion disorder with comorbid acquired brain injury and is detained under section 3 of the Mental Health Act. At times AB is catatonic and lies in a foetal position on the floor. She has a history of self-harm during these periods, and for that reason she wears protective headgear at all… Continue reading Southern Health NHS Foundation Trust v AB & Ors [2019] EWCOP 11

8th April 2019

King’s College Hospital NHS Foundation Trust v FG [2019] EWCOP 7

P suffered from paranoid schizophrenia, characterized by paranoia and persecutory delusions, and examinations and an x-ray revealed he was suffering from a dislocated and fractured right shoulder. The medical team were of the opinion that his shoulder required manipulation and/or surgery under general anaesthetic. However, P consistently declined to have the surgery under general anaesthetic… Continue reading King’s College Hospital NHS Foundation Trust v FG [2019] EWCOP 7

1st March 2019

Emma Robson

Emma has over six years’ experience in the costs industry and has a particular interest in high value Clinical Negligence and Costs Budgeting matters.  In July 2018, Emma qualified as a Costs Lawyer.  In her spare time, Emma enjoys spending time with her friends and family.  She also likes to keep fit and is a… Continue reading Emma Robson

1st March 2019

Michelle Wright

Michelle is a Costs Lawyer, specialising in Personal Injury and Clinical Negligence matters and, more recently, Private Client matters.  Michelle has worked in legal costs for 7 years and is experienced at dealing with files of a high value and complex nature.  In her spare time, Michelle is a member of a local Amateur Dramatic… Continue reading Michelle Wright

22nd January 2019

Dudley Metropolitan Borough Council v Hill [2018] EWCOP 35 (16 July 2018)

This was an application for committal of the Respondent for breach of various injunctive orders after the Respondent had been found guilty of impersonating P and incurring costs in his behalf that he was not authorised to do. The injunctive orders prevented the Respondent from contacting P (who was 82 years old and suffered from… Continue reading Dudley Metropolitan Borough Council v Hill [2018] EWCOP 35 (16 July 2018)

22nd January 2019

A London NHS Foundation Trust v E [2018] EWHC 3367 (Fam) (22 November 2018)

A London NHS Trust sought a declaration that the amputation of the left leg through the knee was in E’s best interests. P was 49 years old, had been a patient at a London NHS Trust since the end of August 2018 and he suffered from long-standing type II diabetes and cardiac failure. However, prior… Continue reading A London NHS Foundation Trust v E [2018] EWHC 3367 (Fam) (22 November 2018)

14th January 2019

SR v A Local Authority [2018] EWCOP 36

A Local Authority applied orally for orders restricting SR’s contact with her husband, JR, in the light of concerns about JR’s expressed views in relation to euthanasia and other comments made by him from time to time. Her Honour Judge Kate Buckingham considered evidence filed by the Local Authority and heard oral evidence from JR… Continue reading SR v A Local Authority [2018] EWCOP 36

14th January 2019

SH, Re [2018] EWCOP 21 (17 September 2018)

The current holder of the post made an application for the appointment of “The Head of Business Development & Client Finance” of Focus Independent Adult Social Work C.I.C. as property and affairs deputy for SH. HHJ Hilder had to consider whether the court could or should, appoint as deputy the holder of a specified office… Continue reading SH, Re [2018] EWCOP 21 (17 September 2018)

12th December 2018

Leeds Teaching Hospitals NHS Trust v JF (By her Litigation Friend, the Official Solicitor) and CH [2018] EWCOP 32

This case concerned the ongoing treatment of JF (“N”) following a sad series of health issues she suffered arising from her lengthy battle with breast cancer, which had become terminal, and a sudden cardiac arrest on 26 May 2018, which left her in an unconscious state. The Trust sought to discontinue treatment by removing N’s… Continue reading Leeds Teaching Hospitals NHS Trust v JF (By her Litigation Friend, the Official Solicitor) and CH [2018] EWCOP 32

12th December 2018

Manchester City Council Legal Services v LC & Anor [2018] EWCOP 30

This case concerned LC, a young woman with autism and significant learning disabilities. A feature of LC’s autism was her preoccupation with seeking out sexual encounters with men. In 2013, proceedings were initiated in the Court of Protection because “it was felt that LC was at very significant risk of sexual harm if she were… Continue reading Manchester City Council Legal Services v LC & Anor [2018] EWCOP 30
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