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Month: September 2017

Job/Research Opportunities

Scottish Mental Health law reform opportunity

The Scottish Government is setting up a review to consider whether the provisions of the Mental Health (Care & Treatment) (Scotland) Act 2003 fulfil the … Read More ›

Posted on September 30, 2017
Miscellaneous

Welfare cases in the Court of Protection: the real story

Once again we are all indebted to Cardiff Law School for further research about the use of the Court of Protection in welfare cases.   … Read More ›

Posted on September 28, 2017
Case comments, Deprivation of liberty, Practice and Procedure

Rule 3A representatives, family members (and the ‘obiter trap’)

District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called … Read More ›

Posted on September 24, 2017
Best interests, Case comments, Comments, Medical treatment, Practice and Procedure

M, Medical Treatment and the Court of Protection – More Detailed Thoughts

Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) … Read More ›

Posted on September 22, 2017
Conferences

ERC Voices Project Final Workshop 22 November

The ERC VOICES project final workshop, to be held on 22 November at NUI in Galway, will draw together the four core themes of the … Read More ›

Posted on September 22, 2017
Miscellaneous

International Journal of Mental Health and Capacity Law: new issue out

The third issue (in its new guise) of the IJMHCL is now out, highlights including: Emma Cave, Jacinta OA Tan: Severe and Enduring Anorexia Nervosa … Read More ›

Posted on September 22, 2017September 22, 2017
Case comments

Medical treatment cases and the Court of Protection

Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no legal obligation to bring cases … Read More ›

Posted on September 20, 2017September 20, 2017
Miscellaneous

Court of Protection Court User Meeting 11 October

The next Court of Protection Court User Meeting (open to the public) is to be held on Wednesday 11 October at 14:00 in Court 23, … Read More ›

Posted on September 14, 2017
Miscellaneous

Social welfare law in Wales – new resource

As the law relating to welfare issues increasingly diverges in Wales (see, for instance, the different approaches to safeguarding taken in the Care Act 2014 … Read More ›

Posted on September 13, 2017
Newsletters

39 Essex Chambers September Mental Capacity Report

The Mental Capacity Law Reports are now back after their summer break.  This month’s highlights are: 1) In the Health, Welfare and Deprivation of Liberty … Read More ›

Posted on September 12, 2017

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Older posts

Recent Posts

  • 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 »

RSS Bailii capacity cases

  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021
  • X & Y c/o ABC Solicitors and Health Service Executive [2021] IEIC 102154 (6 April 2021) April 7, 2021
  • Lilia -(Withdrawal of Life Sustaining Treatment) [2021] EWCOP 23 (24 March 2021) March 31, 2021
  • AB, Re [2021] EWCOP 21 (25 January 2021) March 26, 2021

RSS Bailii CRPD cases

  • Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 736 (Admin) (26 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • 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)
  • 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
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • 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
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • 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.

RSS Baillii Mental Health Act cases

  • AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
    From England and Wales High Court (Family Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • 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
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

Monthly Post Archives

  • April 2021 (2)
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  • December 2019 (1)
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