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Month: June 2016

Legislative developments

Revised CPR Guidance Published

  The British Medical Association (BMA), the Resuscitation Council (UK), and the Royal College of Nursing (RCN) have today (3o June) issued updated guidance regarding anticipatory decisions about … Read More ›

Posted on June 30, 2016
Conferences

CoPPA London Seminar 13 July: Financial Abuse by Deputies and Attorneys

The Court of Protection Practitioners Association (London)’s next event will be on 13 July, and will be a seminar on financial abuse by deputies and … Read More ›

Posted on June 29, 2016
Conferences

Medical Mediation Training: 30 September

The completely brilliant charity the Medical Mediation Foundation is holding a training day on 30 September, run in conjunction with the Faculty of Intensive Care … Read More ›

Posted on June 27, 2016
Best interests, Case comments, Comments, Medical treatment

When is an advance decision to refuse treatment not binding?

In a case that appeared on Baillii this morning, Keehan J came tantalisingly close to giving the answer to a question that has been exercising me for some … Read More ›

Posted on June 22, 2016June 22, 2016
Legislative developments

Case Management and s.49 report pilots to start 1 September

Confirmation hot off the press (15 June) that both case management and s.49 reports are to start on 1 September.  They can be found here, … Read More ›

Posted on June 15, 2016
Conferences, Legislative developments

World Elder Abuse Awareness Day

Today (15 June) is the 10th World Elder Abuse Awareness Day, and therefore the ideal opportunity to highlight Action on Elder Abuse.   The conference that they are hosting … Read More ›

Posted on June 15, 2016
Book Reviews

Book Review – “Addressing Vulnerability in Justice Systems”

Addressing Vulnerability in Justice Systems (ed Penny Cooper and Linda Hunting, Wildy, Simmons and Hill, 2016, hardback, £19.95) This very reasonably priced collection of essays from … Read More ›

Posted on June 12, 2016June 12, 2016
Miscellaneous

MSc Mental Health and Law QMUL

A quick plug for this MSc course being run jointly by the Departments of Law and Psychiatry at Queen Mary University of London on which … Read More ›

Posted on June 11, 2016
Newsletters

June Mental Capacity Law Newsletters now published 

Highlights this month include: 1. In the Health, Welfare and Deprivation of Liberty Newsletter: Neil Allen comments on the Law Commission’s interim statement, Charles J … Read More ›

Posted on June 7, 2016
Legislative developments

Essex Autonomy Project Three Jurisdictions CRPD Report just published

The Essex Autonomy Project has just published a major report entitled “Towards Compliance with CRPD Art.12 in Capacity/Incapacity Legislation across the UK.”  It follows a … Read More ›

Posted on June 6, 2016June 6, 2016

Recent Posts

  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »
  • Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision

    January 11, 2021
    The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been …Read More »
  • Lockdown 3.0 regulations summary

    January 6, 2021
    With effect from 6 January 2021 and until 31 March 2021 (unless brought to an earlier end), all parts of …Read More »

RSS Bailii capacity cases

  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021
  • McGarry v Murphy, Re The Estate of Brigid Gilhooly (Deceased) [2020] NICh 15 (06 November 2020) January 4, 2021
  • JB v University Hospitals Plymouth NHS Trust & Anor (Rev 1) [2020] EWCA Civ 1772 (23 December 2020) January 1, 2021

RSS Bailii CRPD cases

  • Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions
  • Regulation of Health Care Professionals [2014] EWLC 345 (01 April 2014)0
    From The Law Commission
  • Regulation of Health Care Professionals (Report) [2014] SLC 237 (01 April 2014)0
    From Scottish Law Commission (Reports)
  • A Local Authority v TZ (No. 2) [2014] EWCOP 973 (01 April 2014)0
    From England and Wales Court of Protection Decisions
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • 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)
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • 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

RSS MHLO updates

  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
    — "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."
  • New legal aid forms. LAA, 'Changes to Privacy Notices on Legal Aid Forms' (11/1/21)
    — This web page sets out recent changes made to some Legal Aid forms, and states that the LAA would prefer the new versions to be used as soon as possible but will accept previous versions until 31/3/21.

RSS Baillii Mental Health Act cases

  • WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SW (No 2), Re [2017] EWCOP 30 (07 December 2017)0
    From England and Wales Court of Protection Decisions
  • IA004422012 [2017] UKAITUR IA004422012 (31 October 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

Monthly Post Archives

  • January 2021 (5)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • 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)
  • November 2016 (13)
  • October 2016 (6)
  • September 2016 (6)
  • August 2016 (7)
  • July 2016 (4)
  • June 2016 (10)
  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
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  • September 2015 (3)
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  • July 2015 (11)
  • June 2015 (9)
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  • March 2015 (6)
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  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
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  • August 2014 (5)
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  • March 2014 (24)

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