NHS Trust & Ors v FG  EWCOP 30 Summary In this judgment, Keehan J has given important guidance as to when and how applications should made where a treating Trust is concerned that pregnant woman lacks, or may lack, the capacity to take decisions about her antenatal, perinatal and post natal care as a […]
Monthly archives for August, 2014
In Re EU (Appointment of a Deputy)  EWCOP 21 (a case that missed the cut for the August Mental Capacity Law Newsletter), Senior Judge Lush commented further upon the considerations going to the appointment of a family member as deputy (in this case for property and financial affairs). At paragraphs 34 ff, he commented thus: “34. In […]
The President of the Court of Protection has issued a preliminary judgment outlining the answers to some of the key questions posed in the post-Cheshire West cases heard in June as to how a ‘streamlined’ Article 5 ECHR compliant process can be developed for the judicial authorisation of deprivations of liberty. Together with Neil Allen […]
More will follow from the Chambers team later, but the ‘preliminary’ judgment from Sir James Munby P addressing the majority of the questions posed of his as to how the Court of Protection should handle deprivation of liberty applications is now on Bailii.
The August issues of the Thirty Nine Essex Street Mental Capacity Law Newsletters are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: a very important medical treatment case about life-sustaining treatment and MCS, a difficult case about capacity and pregnancy/contraception, deprivation of liberty in children’s homes and the Law […]