This paper considers the tensions between resource based health and welfare decisions made by public bodies (notably local authorities and NHS bodies) and the best interests jurisdiction exercised by the Court of Protection. In practice tensions between these two sets of principles appear to give rise to considerable practical problems and, as resource constraints impact upon public bodies, the importance of these issues may increase.

by David Lock 

The Jackson Report makes three significant proposals which would represent a major change to the current costs position for judicial review, with commensurate potential impact on practitioners. The direction of travel is towards significant costs protection for claimants. In the environmental field, that direction of travel has received substantial support via a letter from the European Commission to the UK Government (18 March 2010) stating:

"When important decisions affecting the environment are taken, the public must be allowed to challenge them. This important principle is established in European law. But the law also requires that these challenges must be affordable. I urge the UK to address this problem quickly as ultimately the health and wellbeing of the public as a whole depends on these rights."

by Richard Kimblin 

There are many cases where the police ask to seek medical notes as part of their ongoing criminal investigations and such requests often put NHS bodies and Social Services in difficulties. However, giving the police access to medical notes without the explicit consent of the patient is very often unlawful.

by David Lock 

by David Lock 

The effect on confidentiality in care proceedings following the judgment in Ward.

by David Lock, courtesy of The New Law Journal