Category: court of protection

  • AG for Northern Ireland [2026] UKSC 16

    AG for Northern Ireland [2026] UKSC 16

    ‘…the majority in Cheshire West [[2014] UKSC 19] erred in their interpretation of the Strasbourg jurisprudence in relation to the meaning of deprivation of liberty… the European court is clear in adopting the multifactorial approach and giving weight to valid consent…’ – ‘Liberty means the same thing for everyone… it means physical liberty, including the…

    Read more: AG for Northern Ireland [2026] UKSC 16
  • Townsend v. Epsom NHS Trust [2026] EWCA Civ 195

    Townsend v. Epsom NHS Trust [2026] EWCA Civ 195

    ‘Any decision about the care and treatment of a mentally incapacitated adult, including the withdrawal of life-sustaining treatment, must be taken in the patient’s best interests… If there is disagreement, “a court application can and should be made”… The hospital cannot pre-empt court proceedings by unilaterally withholding or withdrawing treatment on “clinical” grounds’: https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/195

    Read more: Townsend v. Epsom NHS Trust [2026] EWCA Civ 195
  • Stockport Met BC v. EKK [2025] EWCOP 42

    Stockport Met BC v. EKK [2025] EWCOP 42

    Distinguishing the decision of the Supreme Court in A Local Authority v. JB [2021] UKSC 52 as to capacity to engage in sexual relations, the Court finds: ‘The approach set out in Sheffield [City Council v. E [2004] EWHC 2808, pre MCA 2005] and developed thereafter enables the right balance between the protection of the incapacitous and a restriction on…

    Read more: Stockport Met BC v. EKK [2025] EWCOP 42