Position statements, transparency and the Court of Protection
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) EWCOP 25 (T3) and made clear that the guidance given in that judgment about providing position statements to…
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) EWCOP 25 (T3) and made clear that the guidance given in that judgment about providing position statements to observers should not be followed. In Re Gardner (Deceased) (Court of Protection: Disclosure of Position Statements) EWCA Civ 640, Sir Stephen Cobb, the new President of the Court of Protection, giving the lead judgment provided a summary of his conclusions as follows at paragraph 12.