November 2018 – Mental Capacity Law and Policy

Legislative developments

Current version of Mental Capacity (Amendment) Bill and Third Reading

The Bill as amended at Report stage is here, and the last stage before it goes to the Commons, Third Reading, has been announced for … Read More ›

Iron logic, coercion and odd outcomes: the Supreme Court decision in MM

In Secretary of State for Justice v MM [2018] UKSC 60, the Supreme Court (Lord Hughes dissenting) has upheld the ruling of the Court of … Read More ›

Legislative developments

Mental Capacity (Amendment) Bill – second and final day of Report stage

With thanks, again, to Tim Spencer-Lane for his summary, the Mental Capacity (Amendment) Bill today (27 November) completed report stage in the House of Lords. … Read More ›

Legislative developments

Mental Capacity (Amendment) Bill first day of report stage

The first day of the Lords Report stage on 21 November brought the first changes to the Bill and the first defeat for the Government. … Read More ›

39 Essex Chambers November Mental Capacity Report

The November 2018 Mental Capacity Report will shortly be landing in inboxes, but is available here by way of preview. Highlights this month include: (1) … Read More ›

Legislative developments

Government amendments to the Mental Capacity (Amendment) Bill

The Government has now published its long-awaited amendments to the Bill, ahead of the report stage on 21 November. They are available here, although are … Read More ›

No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
December 17, 2018
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ, …Read More »
The thinnest of legal ice – restricting contact and the MCA
December 16, 2018
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were …Read More »
Attorneys, neglect and the shortcomings of s.44 MCA
December 15, 2018
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of …Read More »
When not telling is in a person’s best interests
December 15, 2018
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple …Read More »
Cross-border protection and the CRPD
December 14, 2018
I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European …Read More »

Provisional Sitting: 18/12/2018 December 18, 2018
Mental Capacity (Amendment) Bill [HL]: House of Commons Ways and Means resolution
Provisional Sitting: 18/12/2018 December 18, 2018
Mental Capacity (Amendment) Bill [HL]: House of Commons Money resolution
Provisional Sitting: 18/12/2018 December 18, 2018
Mental Capacity (Amendment) Bill [HL]: House of Commons Programme motion
Provisional Sitting: 18/12/2018 December 13, 2018
Mental Capacity (Amendment) Bill [HL]: House of Commons 2nd reading
Publication: Bill 303 EN 2017-19 December 12, 2018
Mental Capacity (Amendment) Bill [HL]: Bill 303 EN 2017-19

Deprivation of liberty case (PJ). Welsh Ministers v PJ [2018] UKSC 66
— (1) There is no power to impose conditions in a CTO which have the effect of depriving a patient of his liberty. (2) The patient's situation may be relevant to the tribunal's discharge criteria, and the tribunal may explain the true legal effect of a CTO (for the RC to act on that information), […]
Event (date change). Court of Protection User Group Meeting - London, 30/4/19
— See Court of Protection User Group for information about the group. Contact Tolu Somade, Business Support Officer to HHJ Hilder (tolulope.somade@Justice.gov.uk) to confirm attendance at the meeting. Time: 2pm. Note change of date (previously was 23/4/19)
Settlement approval case. EXB v FDZ [2018] EWHC 3456 (QB)
— "This case came before me on 23 April 2018 for the purpose of considering whether to approve the proposed settlement of a personal injuries action reached between the Claimant's Litigation Friend (his mother) and the Third and Fourth Defendants. The settlement required the approval of the court pursuant to CPR Part 21.10 because the […]
PJ judgment date.
The Supreme Court judgment will be handed down on 17/12/18. See SSJ v MM; Welsh Ministers v PJ [2017] EWCA Civ 194, [2017] MHLO 16
EPA/s44 neglect case. R v Kurtz [2018] EWCA Crim 2743
— "The Registrar of Criminal Appeals has referred this application for permission to appeal against conviction and sentence to the Full Court. The application concerns the scope of the offence created by s 44(2) read, in this case, with s 44(1)(b) of the Mental Capacity Act 2005 ('MCA 2005) of which the Appellant was convicted. […]

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