Mental Capacity Law and Policy
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Monthly archives for December, 2017

Discussion paper: Deprivation of Libe...

December 18, 2017 Written by Alex RK

For those wanting some holiday reading, you may wish to have a look at my discussion paper looking at whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: (a) the position of a person who is confined, cannot consent […]

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39 Essex Chambers Mental Capacity Rep...

December 18, 2017 Written by Alex RK

A combination of the pressure of our other commitments and a lack of major reported cases from the Court of Protection means that we will not have a formal Report before the end of the year.  A bumper issue will appear mid/late-January, but in the interim a few key developments do merit notice. Widely reported […]

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Two mental health and mental disabili...

December 13, 2017 Written by Alex RK

A heads-up about two really interesting conferences in the field of mental health and mental disability law for 2018. One is the annual Socio-Legal Studies Association conference at the University of Bristol, 27-29 March 2018, which will again have a stream devoted to mental health and mental capacity law, organized by Professor Peter Bartlett (Nottingham) and Amanda Keeling […]

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CANH withdrawal – interim guida...

December 11, 2017 Written by Alex RK

Interim guidance has just (11 December) been published – jointly – by the British Medical Association, General Medical Council and Royal College of Physicians – in response to recent legal developments in relation to the way decisions concerning the withdrawal of Clinically Assisted Nutrition and Hydration are made from patients in a permanent vegetative state (PVS) or minimally […]

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Mental Health Act Review gathering pa...

December 7, 2017 Written by Alex RK

The independent Mental Health Act Review is gathering pace.   On its website are two key updates: A call for evidence: please see full details of the call for evidence online and if appropriate, please formally submit / ask your organisation to submit any evidence you possess which the Review should consider to MHActReviewEvidence@dh.gsi.gov.uk. A call for applicants for […]

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Recent Posts

  • Vulnerable adults – another opportunity for change?

    April 15, 2018
    As many will know, I spent a considerable part of 2017 seeking to persuade the Law Commission to take forward …Read More »
  • CRPD corrections and updates

    April 4, 2018
    In an unusual step, the Committee on the Rights of Persons with Disabilities has published a correction to General Comment …Read More »
  • 39 Essex Chambers Mental Capacity Report April 2018

    April 3, 2018
    The April 2018 Report is now available. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: the …Read More »
  • Law Society Mental Health and Disability Committee vacancies

    March 29, 2018
    The (English) Law Society MHDC is recruiting to fill 3 vacancies, with a deadline of Friday 13 April.  Despite the inauspicious …Read More »
  • The Skripals before the Court of Protection – more detailed analysis

    March 27, 2018
    The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v …Read More »

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Monthly Post Archives

  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
  • January 2017 (3)
  • December 2016 (16)
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  • October 2016 (6)
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  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
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  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

RSS Bailii capacity cases

  • NHS Dorset Clinical Commissioning Group v LB & SHC [2018] EWCOP 7 (28 March 2018) April 13, 2018
  • AR, Re [2018] EWCOP 8 (28 March 2018) April 6, 2018
  • CORREIA DE MATOS v. PORTUGAL - 56402/12 (Judgment : No Article 6+6-3-c - Right to a fair trial : Grand Chamber) [2018] ECHR 299 (04 April 2018) April 6, 2018
  • St Clair v King & Anor [2018] EWHC 682 (Ch) (28 March 2018) March 30, 2018
  • HU128082015 [2018] UKAITUR HU128082015 (8 March 2018) March 28, 2018
  • ET v JP & Ors [2018] EWHC 685 (Ch) (28 March 2018) March 28, 2018
  • MDA , R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 2132 (Admin) (18 August 2017) March 28, 2018
  • Reen -v- Murphy & ors [2017] IESC 67 (18 October 2017) March 27, 2018
  • JC -v- Director of Public Prosecutions [2017] IEHC 213 (28 March 2017) March 27, 2018
  • Wheat v Alphabet Inc / Google LLC & Anor [2018] EWHC 550 (Ch) (26 March 2018) March 26, 2018

RSS MHLO updates

  • Job advert. Bishop & Light Solicitors, Hove - Court of Protection Solicitor (listed until 13 July 2018).
  • Book chapter uploaded.
  • Sentence appeal case. R v Thompson [2018] EWCA Crim 639
  • Panel JR announcement. GT Stewart Solicitors and Advocates, 'GT Stewart file claim for judicial review in the High Court challenging decision of the Law Society' (6/4/18)
  • Law Society panel concerns cont'd.
  • COP costs case. NHS Dorset CCG v LB [2018] EWCOP 7
  • Deputyship case. Re AR [2018] EWCOP 8
  • Law Society panel concerns. Law Society mental health accreditation scheme - CPD requirements
  • Litigation friend case. Jhuti v Royal Mail Group Ltd (Practice and Procedure) (2017) UKEAT 0062/17
  • Vexatious COP application case. Re SW (No 2) [2017] EWCOP 30

Copyright Alex Ruck Keene 2014-2018. All pages subject to disclaimer