I reproduce here an updated version of the case summary and comment on the case of Briggs v Briggs [2016] EWCOP 53 that appeared in the December 2016 39 Essex Chambers Mental Capacity Law Newsletter. Summary On 3 July 2015, Paul Briggs was the victim of a road traffic accident when he was travelling to work on his […]
Monthly archives for December, 2016
December Mental Capacity Law Newslett...
Highlights this month include: 1.In the Health, Welfare and Deprivation of Liberty Newsletter: DOLS and objections, the scope of s.21A appeals and best interests in treatment withdrawal; 2. In the Property and Affairs Newsletter: capacity to revoke an LPA, capacity and IVAs, and litigation friends, influence and trusts; 3. In the Practice and Procedure Newsletter: […]
SRK: Court of Appeal dismisses appeal
The Court of Appeal has dismissed the Secretary of State’s appeal against the decision of Charles J in Re SRK [2016] EWCOP 27. By way of refresher, Charles J found in that case that the state was indirectly responsible for “private” deprivations of liberty arising out of arrangements made by deputies administering personal injury payments. […]
The MCA 2005 Ten Years On – Med...
A special (open-access) issue of the Medical Law Review has just been published, based upon papers delivered at a conference held by the University of Liverpool last summer. Highlights include: Editorial: The Mental Capacity Act 2005—Ten Years On: Amel Alghrani, Paula Case and John Fanning Best Interests in the Mental Capacity Act: Time to Say […]
Court of Protection Handbook Second E...
My fellow editors and I are very pleased to announce that the second edition of the Court of Protection Handbook is now available from the LAG bookstore (in paperback and eBook). The new edition has been rewritten to take account of the amendments made by the Court of Protection (Amendment) Rules 2015, the Case Management […]
Briggs: best interests and treatment ...
The substantive decision in the case of Briggs has just been handed down. We will have full analysis and comment in our (increasingly full) 39 Essex Chambers Mental Capacity Law Newsletter going out on Thursday morning, but from my perspective it is a judgment that grapples perceptively, correctly and above all sympathetically with the very frontiers of […]
Book Review: “The Modern Judge: Power...
The Modern Judge: Power, Responsibility and Society’s Expectations (Sir Mark Hedley, Jordan Publishing, 2016, paperback, book and ePDF £20.00) In The Modern Judge: Power, Responsibility and Society’s Expectations, Sir Mark Hedley conveys in a very short compass the fruits of a lifetime in the law, and displays the wisdom that made him one of the […]
International Conference – The ...
The Advocate’s Gateway Second International Conference will take place on Friday 2nd and Saturday 3rd June 2017. Called Access to Justice for Vulnerable People, the conference will take place at the Law Society in London. It will explore the issues of access to justice in this area, combining and expanding interdisciplinary research and practitioner knowledge to encourage innovation and best […]
PVS/MCS and the courts: a further con...
In an open access article published today (16 December) in the Journal of Medical Ethics, Lynne Turner-Stokes makes a further important contribution to the debate started (or kindled) by Baker J’s Shrieval Lecture as to the role of courts in the context of the withdrawal of treatment from those in a PVS/MCS. The article, “A matter […]
