header-logo header-logo

02 December 2022 / Laura Davidson
Issue: 8005 / Categories: Features , Court of Protection , Mental health
printer mail-detail

Cloak & dagger in the Court of Protection?

102822
Closed proceedings & covert medication. In the first of a two-part series, Dr Laura Davidson asks if the Court of Protection has retreated to the realm of secrecy
  • In closed Court of Protection proceedings excluding her mother who was a party, the covert administration of hormone medication was authorised to a young woman.
  • The case raises multiple serious concerns, including around lack of disclosure and the right to family life.

There have been some extraordinary goings-on in the Court of Protection of late. In Re A (Covert Medication: Closed Proceedings), within the case A Council v A (by her litigation friend, the Official Solicitor) and others [2022] EWCOP 44, a single judgment was published containing Part One (following a closed hearing on 15 September 2022 to which B was not a party) and Part Two relating to an open hearing involving all parties from 20 to 22 September 2022. A prior judgment of Judge Moir was also published simultaneously (The Local Authority v A &

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll