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  • September

Monthly archives for September, 2017

Scottish Mental Health law reform opp...

September 30, 2017 Written by Alex RK

The Scottish Government is setting up a review to consider whether the provisions of the Mental Health (Care & Treatment) (Scotland) Act 2003 fulfil the needs of people with learning disability and autism. An exciting opportunity has arisen for a Secretary to the review and a Project Manager to form the review team, working under […]

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Welfare cases in the Court of Protect...

September 28, 2017 Written by Alex RK

Once again we are all indebted to Cardiff Law School for further research about the use of the Court of Protection in welfare cases.   Their full report can be found here, and the executive summary here. We hope you will find time to read the report but set out below the authors’ key findings: […]

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Rule 3A representatives, family membe...

September 24, 2017 Written by Alex RK

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 Re X applications for judicial authorisation of deprivation of liberty.  In SCC v MSA & Ors [2017] EWCOP 18, he gave guidance (the precise status of which I will address […]

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M, Medical Treatment and the Court of...

September 22, 2017 Written by Alex RK

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) has made clear his view that there is no legal obligation upon medical practitioners to seek the sanction of the court before withdrawing clinically assisted nutrition and hydration (‘CANH’) from […]

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ERC Voices Project Final Workshop 22 ...

September 22, 2017 Written by Alex RK

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 project – criminal responsibility, contractual capacity, consent to treatment and consent to sex – and feature a mix of personal narratives, art and theoretical perspectives based on the UNCRPD. All 15 […]

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International Journal of Mental Healt...

September 22, 2017 Written by Alex RK

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 in the Court of Protection in England and Wales Katerina Kazou: Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: is it really […]

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Medical treatment cases and the Court...

September 20, 2017 Written by Alex RK

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 concerning withdrawal of artificial nutrition and hydration to court. More analysis to follow in due course.

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Court of Protection Court User Meetin...

September 14, 2017 Written by Alex RK

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, 5th Floor, First Avenue House in London. Please speak to a member of staff at the front desk if you would like to attend or email courtofprotectionenquiries@hmcts.gsi.gov.uk ensuring you put […]

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Social welfare law in Wales – n...

September 13, 2017 Written by Alex RK

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 in England vs the Social Services and Well-Being Wales Act 2014), the lack of a dedicated textbook relating to Welsh law has become an increasingly burning issue.  Thankfully, Luke Clements (of […]

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39 Essex Chambers September Mental Ca...

September 12, 2017 Written by Alex RK

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 Report: alcohol and best interests, the price for failing to support, patient choice from the other side of capacity, and Bournewood brought to life; (2) In the Property and Affairs […]

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Older Entries

Recent Posts

  • Vulnerable adults – another opportunity for change?

    April 15, 2018
    As many will know, I spent a considerable part of 2017 seeking to persuade the Law Commission to take forward …Read More »
  • CRPD corrections and updates

    April 4, 2018
    In an unusual step, the Committee on the Rights of Persons with Disabilities has published a correction to General Comment …Read More »
  • 39 Essex Chambers Mental Capacity Report April 2018

    April 3, 2018
    The April 2018 Report is now available. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: the …Read More »
  • Law Society Mental Health and Disability Committee vacancies

    March 29, 2018
    The (English) Law Society MHDC is recruiting to fill 3 vacancies, with a deadline of Friday 13 April.  Despite the inauspicious …Read More »
  • The Skripals before the Court of Protection – more detailed analysis

    March 27, 2018
    The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v …Read More »

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Monthly Post Archives

  • 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)
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  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
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  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
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  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

RSS Bailii capacity cases

  • PA053292017 [2018] UKAITUR PA053292017 (5 April 2018) April 24, 2018
  • Flanagan -v- The Minister for Public Expenditure and Reform [2018] IEHC 208 (23 March 2018) April 24, 2018
  • Matthews v Matthews & Anor [2018] EWHC 906 (Fam) (11 April 2018) April 23, 2018
  • NHS Windsor And Maidenhead Clinical Commissioning Group v SP (Withdrawal of CANH) [2018] EWCOP 11 (20 April 2018) April 20, 2018
  • Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018) April 20, 2018
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018) April 20, 2018
  • NHS Dorset Clinical Commissioning Group v LB & SHC [2018] EWCOP 7 (28 March 2018) April 13, 2018
  • AR, Re [2018] EWCOP 8 (28 March 2018) April 6, 2018
  • CORREIA DE MATOS v. PORTUGAL - 56402/12 (Judgment : No Article 6+6-3-c - Right to a fair trial : Grand Chamber) [2018] ECHR 299 (04 April 2018) April 6, 2018
  • St Clair v King & Anor [2018] EWHC 682 (Ch) (28 March 2018) March 30, 2018

RSS MHLO updates

  • Parole Board delay case. LV v UK 50718/16 [2018] MHLO 22
  • Newsletter. Mind, 'Legal Newsletter' (March 2018)
  • Covert medication case. M v Abertawe Bro Morgannwg University Health Board [2018] UKUT 120 (AAC)
  • Medical treatment case. NHS Windsor, Ascot and Maidenhead CCG v SP (Withdrawal of CANH) [2018] EWCOP 11
  • Law Society panel concerns cont'd. Law Society mental health accreditation scheme - guidance documents
  • Job advert. Bishop & Light Solicitors, Hove - Court of Protection Solicitor (listed until 13 July 2018).
  • Book chapter uploaded.
  • Sentence appeal case. R v Thompson [2018] EWCA Crim 639
  • Panel JR announcement. GT Stewart Solicitors and Advocates, 'GT Stewart file claim for judicial review in the High Court challenging decision of the Law Society' (6/4/18)
  • Law Society panel concerns cont'd.

Copyright Alex Ruck Keene 2014-2018. All pages subject to disclaimer