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 would strongly urge any solicitors with the relevant expertise to consider applying.* The MHDC is specifically looking for those with mental health expertise, and expertise in relation to the position […]
Monthly archives for March, 2018
The Skripals before the Court of Prot...
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 Sergei Skripa and his daughter Yulia and, specifically, whether it was in their best interests for the Organisation for the Prohibition of Chemical Weapons to: (1) Collect fresh blood samples […]
Deceiving in the name of best interes...
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 perhaps be self-evident) Mostyn J was asked to approve a treatment regime for a woman with HIV which involved the administration of medication to her on the basis of active […]
Foreign powers of attorney – an...
[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 two litigants in person, has taken an unfortunate wrong turn as regards the basis upon which ‘foreign’ (i.e. non English & Welsh) powers have effect in England and Wales. Two […]
The Court of Protection and the Skrip...
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 fresh blood samples to be taken from them for purposes of testing by the Organisation for the Prohibition of Chemical Weapons. The judgment ranges widely over issues of transparency, habitual […]
Mental Health Act Review service user...
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 at the Review website here.
Court of Protection mediation scheme ...
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 comment on the draft proposal as it stands, covering as it does (a) cases suitable for mediation; (b) when to mediate; (3) the mediators; (4) the scheme; (5) funding; and […]
Four years on from Cheshire West R...
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 far too early to tell its true impact, but it is an important coincidence that it is this week that the Joint Committee on Human Rights will start hearing oral […]
Law Commission Deprivation of Liberty...
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 Government “agree[s] in principle that the current DoLS system should be replaced as a matter of pressing urgency,” and that it will legislate in due course. Before the introduction of […]
A complex and very personal cocktail ...
[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 recent case of AB v HT v London Borough of Hammersmith and Fulham v M v MS [2018] EWCOP 2.] What Happened In This Case? The judgment deals with capacity […]
