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Month: October 2017

Legislative developments

Mental Health Act changes as of 11 December – regulations and guidance now published

The changes to ss.135 and 136 MHA introduced by the Crime and Policing Act 2017 are coming into force on 11 December.  The effect of … Read More ›

Posted on October 31, 2017
Case comments

Court of Protection Rules 2017 – all change

The Court of Protection Rules 2017 have been laid before Parliament, to come into force on 1 December.  These recast all of the Rules into … Read More ›

Posted on October 31, 2017
Case comments, Deprivation of liberty

‘Teen Bournewood’: Court of Appeal decision now out

The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ([2016] EWCOP … Read More ›

Posted on October 31, 2017November 7, 2017
Legislative developments

Government’s interim response to Law Commission MCD report now published

 Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s … Read More ›

Posted on October 30, 2017
Case comments

Safeguarding adults: intersections with mental capacity and mental health – seminar 24 November

The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November.  Entitled ‘Intersections with mental capacity … Read More ›

Posted on October 30, 2017October 30, 2017
Newsletters

39 Essex Chambers October 2017 Mental Capacity Reports now out

The October 2017 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: serious medical … Read More ›

Posted on October 16, 2017
Capacity, Case comments, Comments, Inherent jurisdiction

Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy

In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about … Read More ›

Posted on October 10, 2017
Case comments, Medical treatment

Assisted dying challenge judgment now handed down

The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.

Posted on October 5, 2017October 6, 2017
Miscellaneous

Happy birthday, Mental Capacity Act!

The MCA 2005 came fully into force 10 years ago today, on 1 October 2007.  Entirely understandably given the day of the week its birthday fell, … Read More ›

Posted on October 1, 2017October 1, 2017

Recent Posts

  • Book Review: Clustered Injustice and the level green (Luke Clements, LAG, 2020)

    February 28, 2021
    Clustered Injustice and the level green (Luke Clements, Legal Action Group, 2020, ebook/paperback, £20) In some ways, it is ironic …Read More »
  • Power of Attorney: All you need to know: Book Review: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021)

    February 28, 2021
    Power of Attorney: All you need to know: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, …Read More »
  • Updated vaccination guidance note

    February 26, 2021
    We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by …Read More »
  • When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

    February 26, 2021
    In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he …Read More »
  • A right to family life does not mean an obligation to endure one

    February 24, 2021
    In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 …Read More »

RSS Bailii capacity cases

  • A And B (Minors: placement, faith) [2021] EWHC 455 (Admin) (01 March 2021) March 1, 2021
  • NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) February 25, 2021
  • Xhelilaj, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) February 24, 2021
  • HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15 (16 February 2021) February 23, 2021
  • KAS v The Minister for Justice and Equality (Approved) [2021] IEHC 100 (09 February 2021) February 22, 2021

RSS Bailii CRPD cases

  • Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin) (03 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • 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
  • 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)
  • Z v A Government Department and the Board of Management of a Community School [2013] EUECJ C-363/12 (26 September 2013)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)

RSS MHLO updates

  • Electronic statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (updated 13/1/21)
    — A new 'Annex A: further advice on possible scenarios' has been added in this version.

RSS Baillii Mental Health Act cases

  • KMI, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 477 (Admin) (03 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • HU007512016 [2018] UKAITUR HU007512016 (23 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • A & B, PETITION OF AGAINST NHS GREATER GLASGOW & CLYDE HEALTH BOARD [2018] ScotCS CSOH_4 (26 January 2018)0
    From Scottish Court of Session Decisions
  • Mitocariu & Anor, R (On the Application Of) v Central And North West London NHS Foundation Trust [2018] EWHC 126 (Admin) (31 January 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 57 (02 February 2018)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • ZA, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 183 (Admin) (06 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • LMN v Government of Turkey [2018] EWHC 210 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • RH v Secretary of State for Work and Pensions (DLA) (Claims and payments - appointment to act) [2018] UKUT 48 (AAC) (12 February 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • PA096022016 [2018] UKAITUR PA096022016 (13 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Monthly Post Archives

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