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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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Older posts

Recent Posts

  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »
  • Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision

    January 11, 2021
    The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been …Read More »
  • Lockdown 3.0 regulations summary

    January 6, 2021
    With effect from 6 January 2021 and until 31 March 2021 (unless brought to an earlier end), all parts of …Read More »

RSS Bailii capacity cases

  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021
  • McGarry v Murphy, Re The Estate of Brigid Gilhooly (Deceased) [2020] NICh 15 (06 November 2020) January 4, 2021
  • JB v University Hospitals Plymouth NHS Trust & Anor (Rev 1) [2020] EWCA Civ 1772 (23 December 2020) January 1, 2021

RSS Bailii CRPD cases

  • Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions
  • Regulation of Health Care Professionals (Report) [2014] SLC 237 (01 April 2014)0
    From Scottish Law Commission (Reports)
  • Regulation of Health Care Professionals [2014] EWLC 345 (01 April 2014)0
    From The Law Commission
  • A Local Authority v TZ (No. 2) [2014] EWCOP 973 (01 April 2014)0
    From England and Wales Court of Protection Decisions
  • 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
  • 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)
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • 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

RSS MHLO updates

  • Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19)
    — This practice note contains information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. The changes […]
  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
    — "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."

RSS Baillii Mental Health Act cases

  • WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SW (No 2), Re [2017] EWCOP 30 (07 December 2017)0
    From England and Wales Court of Protection Decisions
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • IA004422012 [2017] UKAITUR IA004422012 (31 October 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

Monthly Post Archives

  • January 2021 (5)
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  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
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  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
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  • December 2014 (2)
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  • August 2014 (5)
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