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In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...

When deciding what is in the best interests of a patient who lacks capacity to make decisions about their care, the courts will take into account any wishes and feelings expressed by the patient as well as the medical evidence. Recently, the Court of...

Paragraph 7 of Schedule 3 of the Mental Capacity Act 2005 gives the Court of Protection the power to exercise its functions under the Act in relation to an adult who is habitually resident in England and Wales. It is therefore sometimes necessary for the...

In certain circumstances, a member of a club whose membership is unfairly terminated may be able to obtain legal redress. In a recent case, a woman who was expelled from a prestigious golf club after she was accused of cheating in a competition has succeeded...

In cases regarding medical treatment, judges sometimes have to make difficult decisions urgently in very sad circumstances. Recently, the Court of Protection ruled that it was in the best interests of a woman with anorexia to be fed while under general...

The High Court has ruled on a case in which a deceased man's son and daughter were unable to agree on the funeral arrangements that should be made for him. The man had been born in India but had lived in England for over 70 years. He passed away in...

The Court of Appeal has ruled that a 15-year-old child should be allowed to legally change their given name , overturning an earlier decision of the High Court. At the age of 12, the child had told their parents that they believed themselves to be...

The Court of Protection recently granted an application by two NHS trusts for authorisation to carry out a planned caesarean in respect of a woman who was due to give birth. The 29-year-old woman had treatment resistant paranoid schizophrenia. She had...

It is understandably common for family members and friends to take a more optimistic view of a patient's prospects of recovery than the medical professionals involved. A tragic case in which the High Court considered whether it would be lawful to...

When entering into business relationships, it is always sensible to record any agreements in writing to minimise the risk of later disputes. The point was demonstrated in a recent case in which the High Court upheld a man's claim that he was entitled under...