Chartered Legal Executive Caroline Hurst

Withdrawal of treatment – who has the final say?



By Caroline Hurst, Chartered Legal Executive, Court of Protection On 30 July 2018, the Supreme Court handed down its much anticipated judgment on whether court approval is required to withdraw clinically assisted nutrition and hydration (“CANH”) from a person who is in a persistent vegetative state (“PVS”) or minimally conscious state (“MCS”) when the clinicians and family are in agreement ...
 

Managing compensation for a child after a personal injury claim



By Samantha Spain, Solicitor, Court of Protection and Clinical Negligence Samantha Spain is a Solicitor in the Court of Protection department and specialises in assisting clients who lack mental capacity to manage their financial affairs after receiving compensation awards. In this blog, Samantha shares some helpful information about the processes around managing compensation settlements for children. I have had a ...
 
Alison Kaye Solicitor Advocate

Switalskis Director qualifies under new Mental Capacity Law accreditation scheme



Switalskis’ Director Alison Kaye is leading the way in the field of Court of Protection work, becoming one of the first lawyers in Yorkshire to be accredited as a Legal Representative (ALR) under the Law Society’s new Mental Capacity (Welfare) Accreditation Scheme. Lawyers qualifying under the new scheme must be able to demonstrate the necessary experience to represent the needs ...
 
New Year party magician

New Year treat for CoP and Clinical Negligence clients



Staff from Switalskis’ Clinical Negligence and Court of Protection teams have helped spread the festive joy into the New Year by inviting families to see Jack and the Beanstalk at the Lawrence Batley Theatre. On Friday 5 January, eight families joined Switalskis Directors Suzanne Munroe and Sarah Tipton Walker, plus a number of team members at the pantomime, following a ...
 
Chartered Legal Executive Caroline Hurst

Caroline Hurst secures damages for claimant for unlawful forced cessation of sexual relations



By Caroline Hurst, Chartered Legal Executive, Court of Protection Department I represented the Claimant (whose name was anonymised to CH for legal reasons) in a Human Rights Act claim for damages following a breach by the defendant local authority of CH’s Article 8 Right under the European Convention on Human Rights. CH has a diagnosis of learning disabilities and Downs ...
 
Director Michael Kennedy

Has the RD decision had a chilling effect on Article 5 challenges?



By Michael Kennedy, Director & Barrister, Mental Health and Court of Protection Department Note: I will use the term ‘detention’, generally, as it is shorter than ‘deprivation of liberty’ and it applies across the 2 relevant pieces of legislation referred to below. Introduction Sometimes, a judgment is seized upon and used to fit an agenda and the detail is lost. ...
 
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Sheffield team gain new Private Client Director



Solicitor and Court of Protection Deputy, Alex Guy and his team have joined Switalskis Solicitors this month. He will join as a Director and head up the firms’ specialist Financial Court of Protection team in their newly created Sheffield office. Formerly a partner at hlw Keeble Hawson, Alex is one of only four specialist deputies in Yorkshire appointed to the ...
 
Switalskis Solicitors

Court of Protection lawyers attend National Advocacy Conference & Awards



On 12 October 2016, lawyers from Switalskis Solicitors Court of Protection team attended the National Advocacy Awards held at the Hilton Birmingham Metropole. The awards, hosted by Kate Mercer Training, recognise excellence within advocacy and celebrate exceptional contributions to the field of advocacy. Switalskis are proud sponsors of the Outstanding Service award, whose shortlist represents the very best advocacy service ...
 
Chartered Legal Executive Caroline Hurst

The right to die or the right to choose



By Caroline Hurst, Chartered Legal Executive If a person decides that they do not want to receive medical assistance that will, in all likelihood, save their life, is that seeking the right to die or the right to choose? Is it right to turn off someone’s pacemaker, if that’s what they want? The story of Nina Adamowicz, a 71 year ...
 
Director Michael Kennedy

Death and Deprivation of Liberty Safeguards



By Michael Kennedy, Director & Barrister, Mental Health and Court of Protection Department Article 2 of the European Convention on Human Rights is known as ‘the right to life’. Its main practical application is not so much in relation to a duty on the state to preserve life but, rather, in relation to the state’s duty to investigate when a citizen ...