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Month: May 2014

Attorneys, Book Reviews

Book Review: Cretney and Lush on Lasting and Enduring Powers of Attorney (7th Edition)

Cretney and Lush on Lasting and Enduring Powers of Attorney (7th Edition): Senior Judge Denzil Lush (Jordans, 2014, £67.50) This work is now in its seventh … Read More ›

Posted on May 30, 2014
Best interests, Capacity, Case comments, Deprivation of liberty

Looking sidewise in the COP

RB v Brighton and Hove Council  [2014] EWCA Civ 561 Summary In June 2007 RB sustained a serious brain injury in an accident. He was … Read More ›

Posted on May 21, 2014
Book Reviews

Book Review: Dementia and the Law

Dementia and the Law: Tony Harrop-Griffiths, Jonathan Cowen, Christine Cooper, Rhys Hadden, Angela Hodes, Victoria Flowers, Steven Fuller (Jordans, 2014, £55) This new work deals … Read More ›

Posted on May 20, 2014May 20, 2014
Miscellaneous

Two conferences

With apologies for the lack of case comment updates recently (finishing two books back to back is all-consuming !), I wanted to highlight in the … Read More ›

Posted on May 12, 2014May 12, 2014
Case comments, Media, Practice and Procedure

The Press and the COP

Re G [2014] EWHC 1361 (COP) Summary In our report upon this case in the May Newsletter, we noted that we were awaiting with great … Read More ›

Posted on May 2, 2014
Miscellaneous

May Newsletters

Our Mental Capacity Law Newsletters for May are now out, and can all be found here, including for the first time a screen-friendly version of … Read More ›

Posted on May 1, 2014
Advance Planning, Capacity, Case comments, Medical treatment

Advance decisions and the MHA 1983

Nottinghamshire Healthcare NHS Trust v RC  [2014] EWHC 1317 (COP) Summary This is the sequel to the case of Nottinghamshire Healthcare NHS Trust v J [2014] … Read More ›

Posted on May 1, 2014

Recent Posts

  • Updated vaccination guidance note

    February 26, 2021
    We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by …Read More »
  • When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

    February 26, 2021
    In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he …Read More »
  • A right to family life does not mean an obligation to endure one

    February 24, 2021
    In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 …Read More »
  • How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness

    February 24, 2021
    In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version …Read More »
  • Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations

    February 24, 2021
    In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the …Read More »

RSS Bailii capacity cases

  • NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) February 25, 2021
  • Xhelilaj, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) February 24, 2021
  • HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15 (16 February 2021) February 23, 2021
  • KAS v The Minister for Justice and Equality (Approved) [2021] IEHC 100 (09 February 2021) February 22, 2021
  • SD v Royal Borough of Kensington And Chelsea [2021] EWCOP 14 (10 February 2021) February 19, 2021

RSS Bailii CRPD cases

  • C. O'C v An Bord Pleanala (Approved) [2021] IEHC 70 (10 February 2021)0
    From High Court of Ireland Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Z v A Government Department and the Board of Management of a Community School [2013] EUECJ C-363/12 (26 September 2013)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)

RSS MHLO updates

  • Case (Death). University Hospitals of Leicester NHS Trust v NZ [2021] EWCOP 16
    — NZ was receiving life-sustaining treatment by way of an extracorporeal membrane oxygenation machine (ECMO), a last-resort treatment which had increased by a third during the coronavirus pandemic. The clinical lead consultant for ECMO stated that rather than seeking to preserve her life he was now "prolonging her death", and signalled to the judge that […]
  • Licence conditions. NOMS, 'Licence conditions, licences, and licence and supervision notices' (PSI 12/2015, updated 18/1/21)
    — "This Instruction updates the arrangements for the application of standard and additional licence conditions for offenders being released on licence following the creation of the National Probation Service and the Community Rehabilitation Companies. It also updates advice on the setting of conditions as well as updating the menu of additional conditions available, and adds […]
  • Case (Timing of CTO discharge). R (Gisagara) v Upper Tribunal [2021] EWHC 300 (Admin) [2021] EWHC 300 (Admin)
    — The RC's evidence to the MHT was that the CTO criteria were met, and that a CTO was an "essential precondition" to discharge as otherwise the patient would not accept medication; she had granted s17 leave while the CTO was being arranged. When the MHT did not discharge him from s3, the patient argued […]
  • Case (Death following stroke). Sandwell and West Birmingham Hospitals NHS Trust v TW [2021] EWCOP 13
    — (1) TW suffered catastrophic brain injury, arising from a stroke, which meant he lacked the capacity to decide whether to continue to receive life-sustaining treatment. (2) The continuation of ventilatory support and likely invasive treatment could no longer be reconciled with his best interests. (3) His three daughters wished to travel from Canada to […]
  • Mental health law journal. IJMHCL volume 26 (2020), pages 1-57
    — This edition of the International Journal of Mental Health and Capacity Law contains: (1) Editorial (Alex Ruck Keene); (2) Substituted Decision Making and Coercion: The Socially Accepted Problem in Psychiatric Practice and a CRPD-Based Response to Them (Giles Newton-Howes, Leah Kininmonth, Sarah Gordon); (3) Adult Incapacity Law: Visions for the Future Drawn from the […]

RSS Baillii Mental Health Act cases

  • Mohammed v R. [2021] EWCA Crim 201 (23 February 2021)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Miller v Director of Public Prosecutions [2018] EWHC 262 (Admin) (15 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • HU099822015 [2017] UKAITUR HU099822015 (21 December 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • PA080602016 & Ors. [2018] UKAITUR PA080602016 (18 January 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • A & B, PETITION OF AGAINST NHS GREATER GLASGOW & CLYDE HEALTH BOARD [2018] ScotCS CSOH_4 (26 January 2018)0
    From Scottish Court of Session Decisions
  • AB v HT & Ors [2018] EWCOP 2 (26 January 2018)0
    From England and Wales Court of Protection Decisions
  • Mitocariu & Anor, R (On the Application Of) v Central And North West London NHS Foundation Trust [2018] EWHC 126 (Admin) (31 January 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 57 (02 February 2018)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • ZA, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 183 (Admin) (06 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions

Monthly Post Archives

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