UK Healthcare Law Blog

Procedurally unfair for a judge to visit P and not share the outcome with the parties say court of appeal Re AH [2021] EWCA  1768

The issue on appeal was regarding the practice of judges in the Court of Protection to visit the subject of proceedings, where it is not possible for the subject to join proceedings otherwise.

The Court’s answer was that there is a “pressing need for the CoP to develop some workable guidance for practitioners and judges in a manner similar to that which is available in the Family Court with regard to judges meeting with children who are subject to contested proceedings… Whilst the circumstances in a children case, and the reasons for any judicial encounter, may differ from those that apply in the CoP, the need for clarity of purpose and procedural fairness are likely to be the same”.

For the underlying facts, see the brief account at the end of this blog.

Click here to read the full blog post by Nageena Khalique QC.


Read our Blogs

UK Inquest Law Blog

Serjeants’ Inn has a long-standing reputation for its members’ special expertise in inquests and inquiries. Barristers from the Serjeants’ Inn public law, police law, professional and regulatory law, and clinical negligence and healthcare teams regularly provide advice and represent clients at inquests and inquiries throughout England, Wales and Northern Ireland.

The UK Inquest Law Blog is edited by Bridget Dolan QC and Briony Ballard. Please click here to subscribe to the blog.

UK Healthcare Law Blog

Serjeants’ Inn is at the forefront of healthcare law. We have over 160 recommendations in Chambers & Partners and the Legal 500 for expertise in relevant fields including clinical negligence, professional discipline and regulatory law, Court of Protection and inquests and inquiries.

The UK Healthcare Law Blog is edited by Christopher Johnston QC and Sebastian Naughton. Please click here to subscribe to the blog.

UK Healthcare Law Blog

UK Medical Decision Law Blog

The third edition of Medical Treatment: Decisions and the Law, was edited by Christopher Johnston QC, written by members of Serjeants’ Inn and published by Bloomsbury Professional in 2016. This blog is part of an online accompaniment to the print edition and features updates to the text.

The UK Medical Decision Law Blog is edited by Sophia Roper and Christopher Johnston QC. Please click here to subscribe to the blog.

UK Police Law Blog

Serjeants’ Inn is rated as one of the best chambers for defendant police work in the UK. We act for most forces around the country together with a number of PCCs and other police bodies, handling nearly 2,000 police law matters over the last three years.

The UK Police Law Blog is edited by Elliot Gold and James Berry. Please click here to subscribe to the blog.