August 2015 – Mental Capacity Law and Policy

Case comments, Practice and Procedure

Section 49 reports – the thorny issues

A cross-post to the Court of Protection Handbook site, where I have just written about the very recent decision in Re RS on s.49 reports.

Legislative developments, Research of interest

“Three Jurisdictions” CRPD project is ‘go’

I am very pleased to be able to share the news that funding has been secured for a project (led by the Essex Autonomy Project) … Read More ›

MCA 2005 10 years on – a few conference spaces still available

Fresh back from New Zealand (and fired up with comparative thoughts), I will be speaking on “(Re)presenting P” at a conference organised by the University … Read More ›

Research of interest

VOICES Project launched at the Centre for Disability Law and Policy

From NZ, where I’m just finishing up teaching a fascinating (to me!) course on vulnerable adults rights protection at Auckland University, news of a project … Read More ›

Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
April 2, 2021
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
End of term report from the Mental Capacity Report team
April 1, 2021
For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
March 30, 2021
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
Mediation and medical cases – reflections on process and outcomes
March 29, 2021
In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
March 26, 2021
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

Case (Coronavirus vaccination). NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
— CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG […]
Mental Health Tribunal coronavirus Practice Direction. Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (18/3/21)
— This extends Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) with amendments to 18/9/21. The non-trivial amendments are: (1) A new heading "Disposal of proceedings on the papers" stating "5. The tribunal shall observe the requirements of rule 5A and rule 35 in cases […]
Coronavirus tribunal composition (non-MH). Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21, with the removal of paragraph 8 ("Involvement of Non-Legal Members not on a panel: If the composition arrangements for a case are altered from what they would have been under the Standard Composition Arrangements, […]
Tribunal coronavirus Practice Direction. Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21 with minor amendments. The amendments are: (a) additional words in paragraph 3 ("This Practice Direction applies to all appeals, applications and other proceedings..."); (b) paragraph 7A refers to "courtroom" instead of "hearing room"; […]
Case (Section 37/41 or s45A). R v Lall [2021] EWCA Crim 404
— The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction.

AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
From England and Wales High Court (Family Division) Decisions
P (A Child), Re [2018] EWCA Civ 720 (11 April 2018)0
From England and Wales Court of Appeal (Civil Division) Decisions
Yussuf (meaning of "liable to deportation") Somalia [2018] UKUT 117 (IAC) (09 March 2018)0
From Upper Tribunal (Immigration and Asylum Chamber)
JMK, Re [2018] EWCOP 5 (13 March 2018)0
From England and Wales Court of Protection Decisions
PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
From England and Wales Court of Appeal (Criminal Division) Decisions
Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
From England and Wales High Court (Chancery Division) Decisions
Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
From England and Wales High Court (Administrative Court) Decisions
Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
From England and Wales Court of Appeal (Criminal Division) Decisions
Thompson v R [2018] EWCA Crim 639 (27 March 2018)0
From England and Wales Court of Appeal (Criminal Division) Decisions

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