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Month: June 2014

Case comments, Media, Practice and Procedure

The CoP and post-mortem confidentiality

Press Association v Newcastle Upon Tyne Hospitals Foundation Trust  [2014] EWCOP 6 Summary This is the follow up to a decision of Peter Jackson J … Read More ›

Posted on June 20, 2014June 20, 2014
Case comments, Property and affairs

The CRPD, undue influence and the COP

LB Haringey v CM  [2014] EWCOP B23 Summary This case concerns an objection by a family member to the appointment of a local authority as property … Read More ›

Posted on June 19, 2014June 19, 2014
Case comments, Practice and Procedure

Costs, the CoP and the media

Re G (Adult) (Costs) [2014] EWCOP 5 Summary We have covered the previous episodes in this rather depressing story in earlier issues of our newsletter. … Read More ›

Posted on June 18, 2014
Case comments

The HoL Select Committee – the Government responds

The response to the Select Committee’s post-legislative scrutiny report has been published today (10 June) and is available here. I reproduce here the Executive Summary, … Read More ›

Posted on June 10, 2014
Miscellaneous

June Mental Capacity Law Newsletters

The Thirty Nine Essex Street Mental Capacity Law Newsletters for June are now out.   There are a whole range of delights, including: (1)   In the … Read More ›

Posted on June 2, 2014

Recent Posts

  • Mental Health Act review supporting documents

    February 15, 2019
    The supporting materials for the review of the MHA 1983 that reported in December last year have now been published. …Read More »
  • 39 Essex Chambers February Mental Capacity Report

    February 12, 2019
    After our winter break, the Reports are back.   Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
  • Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces

    February 9, 2019
    In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a …Read More »
  • 5 reflections on law reform (and over and out for now)

    December 19, 2018
    With a neat (if unplanned) symmetry, work that have been dominating my life has come to  different forms of head …Read More »
  • 39 Essex Chambers Mental Capacity Report end of term email

    December 19, 2018
    The editorial team’s commitments have been such recently that there is no report for December, but instead an end of …Read More »

RSS Bailii capacity cases

  • University Hospitals Birmingham NHS Foundation Trust v HB [2018] EWCOP 39 (30 August 2018) February 11, 2019
  • LCN v KF & Ors [2019] EWCOP 1 (3 January 2019) February 4, 2019
  • MC v Clinical Director - Central Mental Hospital & Anor [2019] IECA 4 (18 January 2019) February 4, 2019
  • FERNANDES DE OLIVEIRA v. PORTUGAL - 78103/14 (Judgment : Remainder inadmissible : Grand Chamber) [2019] ECHR 106 (31 January 2019) February 1, 2019
  • AM v Health Service Executive [2019] IESC 3 (29 January 2019) January 31, 2019

RSS Mental Capacity (Amendment) Bill updates from Parliament.uk

  • Publication: Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77) January 23, 2019
    Mental Capacity (Amendment) Bill [HL]: Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77)
  • Publication: Written evidence: Catherine Brewin (MCAB78) January 23, 2019
    Mental Capacity (Amendment) Bill [HL]: Written evidence: Catherine Brewin (MCAB78)
  • Publication: Written evidence: Wendy and Graham Enderby (MCAB76) January 23, 2019
    Mental Capacity (Amendment) Bill [HL]: Written evidence: Wendy and Graham Enderby (MCAB76)
  • Publication: Written evidence: Challenging Behaviour Foundation (MCAB75) January 23, 2019
    Mental Capacity (Amendment) Bill [HL]: Written evidence: Challenging Behaviour Foundation (MCAB75)
  • Publication: Written evidence: Tom Grace (MCAB74) January 23, 2019
    Mental Capacity (Amendment) Bill [HL]: Written evidence: Tom Grace (MCAB74)

RSS MHLO updates

  • Case (Medical treatment, including CPR). University Hospitals Birmingham NHSFT v HB [2018] EWCOP 39
    — "When considering what is in HB's best interests, I take account of the fact that the balance of medical evidence would support the view that the treatment set out in the second part of the treatment plan would bring about no significant improvement in HB's underlying condition and, to that end, they might be […]
  • Event. MHLA: Panel course - Leeds, 6/3/19 and 7/3/19
    —The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
  • Event. MHLA: Panel course - London, 27/2/19 and 28/2/19
    —The MHLA is an approved provider of the two-day course which must be attended by prospective members of the Law Society’s mental health accreditation scheme. Price: £300 (MHLA members); £390 (non-members); £270 (group discount). CPD: 12 hours. See MHLA website for further details and to book online.
  • Legislation. Mental Health (Northern Ireland) (Amendment) Order 2018
    — This Order amends Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 1986. The pre-existing situation "could have [had] the effect that a patient who is detainable for assessment, in accordance with Article 4, is discharged before the assessment period is completed even if they meet […]
  • Parliamentary briefing on Mental Capacity (Amendment) Bill. Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18)
    — Extract from Law Society website: "The Law Society is concerned by provisions in the Mental Capacity (Amendment) Bill. While attempting to simplify the current arrangements under the Deprivation of Liberty Safeguards (DoLS), the Bill removes vital existing safeguards for cared-for people. The Bill should be amended to avoid the unlawful treatment of the vulnerable […]

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