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Month: March 2018

Job/Research Opportunities

Law Society Mental Health and Disability Committee vacancies

The (English) Law Society MHDC is recruiting to fill 3 vacancies, with a deadline of Friday 13 April.  Despite the inauspicious date for the deadline, I … Read More ›

Posted on March 29, 2018
Best interests, Case comments, Cross-border, Practice and Procedure

The Skripals before the Court of Protection – more detailed analysis

The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v Yulia Skripal [2018] EWCOP 8, concerning … Read More ›

Posted on March 27, 2018
Best interests, Case comments, Medical treatment, Mental Health

Deceiving in the name of best interests

In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will … Read More ›

Posted on March 27, 2018March 27, 2018
Attorneys

Foreign powers of attorney – an unfortunate judicial wrong turn

[post updated on 29 March with more detail as to the operation of ‘foreign’ powers of attorney] Re JMK [2018] EWCOP 5, HHJ Hilder, faced with … Read More ›

Posted on March 26, 2018March 29, 2018
Best interests, Case comments

The Court of Protection and the Skripal case

In a fascinating judgment just published here, Williams J has held that it is in the best interests of Sergei Skripal and his daughter for … Read More ›

Posted on March 22, 2018
MHA Review

Mental Health Act Review service user and carers surveys extended and new formats

The deadline for these surveys has been extended to Friday 6th April and the surveys now also have easy read and BSL versions, which can all be found … Read More ›

Posted on March 21, 2018
Miscellaneous

Court of Protection mediation scheme proposal – help wanted

A dedicated multi-disciplinary group are working up a proposal for Court of Protection mediation scheme, and would very much welcome input from those willing to … Read More ›

Posted on March 21, 2018
Case comments, Deprivation of liberty

Four years on from Cheshire West – some brief reflections

This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in Cheshire West. It is undoubtedly … Read More ›

Posted on March 19, 2018March 19, 2018
Case comments

Law Commission Deprivation of Liberty report – the Government responds

The Government has today (14 March) published its response to the Law Commission’s Mental Capacity and Deprivation of Liberty report.  The headline is that the … Read More ›

Posted on March 14, 2018March 16, 2018
Capacity, Case comments, Sexual relations, Welfare

A complex and very personal cocktail of capacity and vulnerability – Baker J on the case

[I am happy to host here a guest post by Zena Soormally, Associate Solicitor at Simpson Millar and Andrew Bagchi QC of 1 Garden Court Chambers, on their … Read More ›

Posted on March 10, 2018

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Recent Posts

  • Transparently clunky – Mostyn J and transparency orders before the Court of Protection

    August 10, 2022
    In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the …Read More »
  • Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities

    August 3, 2022
    For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales.   …Read More »
  • Human Rights in Care Settings: Joint Committee on Human Rights reports

    July 22, 2022
    The Joint Committee on Human Rights has today (22 July) published its report into Human Rights in Care Settings, following …Read More »
  • Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (BMA/Law Society) 5th edition almost here

    July 21, 2022
    Warning: further shameless self-promotion.  The 5th edition of the Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers …Read More »
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    July 21, 2022
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RSS Bailii capacity cases

  • W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022) August 5, 2022
  • Milburn, R (On the Application Of) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) (06 July 2022) August 5, 2022
  • Sokolik v Kobre & Kim (UK) LLP (Practice and Procedure - Application for Postponement - Decision to Dismiss for Non-Attendance - Rule 47 ET Rules) [2022] EAT 111 (02 August 2022) August 3, 2022
  • A MENTAL HEALTH NHS TRUST v BG [2022] EWCOP 26 (24 June 2022) July 31, 2022
  • EM, Re [2022] EWCOP 31 (29 July 2022) July 31, 2022

RSS Bailii CRPD cases

  • Dance & Anor v Barts Health NHS Trust & Anor (Re Archie Battersbee) [2022] EWCA Civ 1106 (01 August 2022)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights
  • Adults with Incapacity (Report) [2014 SLC 240 (September 2014)0
    From Scottish Law Commission (Reports)

RSS MHLO updates

  • Case (Residence). K v N Council [2022] MHLO 1 (COP)
  • Case (Funding holidays). R (BG) v Suffolk County Council [2022] EWCA Civ 1047
  • Case (Sex and contact). Hull City Council v KF [2022] EWCOP 33
  • MH Bill committee. House of Lords, 'Draft Mental Health Bill Committee' (HL Deb 4 July 2022, vol 823, col 865)
  • Case (Non-treatment of eating disorder). A Mental Health NHS Trust v BG [2022] EWCOP 26

RSS Baillii Mental Health Act cases

  • Williamson v The Bishop Of London & Ors (Practice and procedure - Civil Procedure Order - section 42 Senior Courts Act 1981) [2022] EAT 118 (01 August 2022)0
    From United Kingdom Employment Appeal Tribunal
  • Shields-MckInley v The Secretary of State for Justice the Lord Chancellor & Anor [2019] EWCA Civ 1954 (14 November 2019)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Yuel (aka Berhe), R v [2019] EWCA Crim 1693 (04 October 2019)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • A.C. v Patricia Hickey General solicitor and Ors & A.C. v Fitzpatrick and Ors. [2019] IESC 73 (17 October 2019)0
    From Supreme Court of Ireland Decisions
  • Bessong v Pennine Care NHS Foundation Trust (RACE DISCRIMINATION – Harassment) [2019] UKEAT 0247_18_1810 (18 October 2019)0
    From United Kingdom Employment Appeal Tribunal
  • SLL v (1) Priory Health Care and (2) Secretary of State for Justice (Mental health) [2019] UKUT 323 (AAC) (18 October 2019)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • AG v Michel 18-Oct-2019 [2019] JRC 205 (18 October 2019)0
    From Jersey Unreported Judgments
  • Joseph, Application for Reconsideration by [2019] PBRA 43 (22 October 2019)0
    From The Parole Board for England and Wales
  • Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions

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