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Month: April 2019

Case comments

All (or at least part) go for the Mental Capacity Act (Northern Ireland)

Confounding the expectations of those who had thought that the stalemate in Stormont meant there was no possibility that MCA (NI) 2016 would ever be … Read More ›

Posted on April 29, 2019
Legislative developments

LPS – a parallel world?

Given the passing of final Parliamentary hurdles by the LPS, facilitated by the abandonment of any statutory definition of deprivation of liberty, it was distinctly … Read More ›

Posted on April 26, 2019April 27, 2019
Case comments

LPS is go

The Mental Capacity (Amendment) Bill passed its final legislative stage in the House of Lords this evening (24 April) and will shortly get Royal Assent … Read More ›

Posted on April 24, 2019
Newsletters

39 Essex Chambers April Mental Capacity Reports out

Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on the Mental Capacity (Amendment) Bill; the DoLS backlog … Read More ›

Posted on April 16, 2019
Newsletters

39 Essex Chambers Best Interests guide updated

Following the update of our guide to capacity assessments, the 39 Essex Chambers Mental Capacity Report team (with the invaluable assistance of Stephanie David) have … Read More ›

Posted on April 16, 2019
Case comments, Cross-border

Seize the day, or lose the person

In  FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between the ability of the English … Read More ›

Posted on April 16, 2019
Miscellaneous

Accredited Legal Representatives Pilot

The Law Society have been in discussions with HMCTS regarding the issues related to the appointment process for ALRs, which has been far from smooth. In … Read More ›

Posted on April 12, 2019
Legislative developments, LPS

LPS update – back to the Lords on 24 April

The Parliament website now (11 April) tells us that the very slow motion game of Ping-Pong in the final stages of the Mental Capacity (Amendment) … Read More ›

Posted on April 11, 2019
Case comments

Sex, rights and controversy

The reported remarks of Hayden J at a directions hearing about the husband’s “right” to have sex with his wife have caused real controversy.   Not … Read More ›

Posted on April 3, 2019
Legislative developments

LPS – further exchange between Joint Committee on Human Rights and Government

Ahead of today’s ping-pong stage in the Commons, the Government has published its response to the two reports of the JCHR on LPS.  It is … Read More ›

Posted on April 2, 2019

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Older posts

Recent Posts

  • A “National DoLS Court” – what it is (and isn’t)

    May 20, 2022
    Judging by my inbox (which I know I shouldn’t be checking on sabbatical), a considerable amount of confusion has been …Read More »
  • Modernising Lasting Powers of Attorney: Government Response

    May 20, 2022
    The Ministry of Justice’s consultation paper on ‘Modernising Lasting Powers of Attorney’ (in England & Wales) was published on 20 …Read More »
  • ReSPECT, advance decision-making and capacity dilemmas – in conversation with Dr Zoë Fritz

    May 18, 2022
    In this conversation, I talk to Dr Zoë Fritz, Wellcome fellow in Society and Ethics and a Consultant in Acute …Read More »
  • Lived experience and mental health research – in conversation with Dr Thomas Kabir

    May 17, 2022
    In this conversation, I talk to Dr Thomas Kabir about his work with the McPin Foundation, and co-chair of the …Read More »
  • Judging Values and Participation in Mental Capacity Law conference – last few places

    May 16, 2022
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RSS Bailii capacity cases

  • Riddle v Parker Rhodes Hickmott Solicitors [2022] EWCOP 18 (03 May 2022) May 19, 2022
  • Tickle v Herefordshire County Council & Ors [2022] EWHC 1017 (Fam) (04 May 2022) May 5, 2022
  • PA034512020 [2022] UKAITUR PA034512020 (11 April 2022) May 2, 2022
  • Advinia Health Care Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 965 (Admin) (27 April 2022) April 28, 2022
  • Gardner & Anor, R (On the Application Of) v Secretary of State for Health and Social Care & Ors [2022] EWHC 967 (Admin) (27 April 2022) April 27, 2022

RSS Bailii CRPD cases

  • DRAGAN KOVACEVIC v. CROATIA - 49281/15 (Judgment : Article 6 - Right to a fair trial : First Section) [2022] ECHR 364 (12 May 2022)0
    From European Court of Human Rights
  • 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
  • ASALYA v. TURKEY - 43875/09 - Chamber Judgment [2014] ECHR 398 (15 April 2014)0
    From European Court of Human Rights
  • PH, Re Judicial Review [2014] NIQB 60 (29 April 2014)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • 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 CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights

RSS MHLO updates

  • FFP release notes and user guide. MHA Free Form Project, 'Release notes' (v4, 5/5/22)
  • FFP release notes and user guide. MHA Free Form Project, 'Release notes' (v3, 30/3/22)
  • Summary of LPS amendments to Code of Practice. Tim Spencer-Lane, 'How the government plans to implement the Liberty Protection Safeguards' (Community Care, 18/3/22)
  • Summary of non-LPS amendments. Tim Spencer-Lane, 'Guide to the draft MCA code of practice' (Community Care, 22/3/22)
  • Event. MHLA: Panel Course (Leeds, 27-28 June 2022)

RSS Baillii Mental Health Act cases

  • Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) (20 May 2022)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • Bashir v Bashir [2019] EWHC 1810 (Ch) (18 July 2019)0
    From England and Wales High Court (Chancery Division) Decisions
  • PN v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Cheshire West And Chester Council v PWK [2019] EWCOP 57 (01 July 2019)0
    From England and Wales Court of Protection Decisions
  • United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24 (04 July 2019)0
    From England and Wales Court of Protection Decisions
  • Jamous v Mercouris [2019] EWHC 1746 (QB) (05 July 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • Turner, R v [2019] EWCA Crim 1300 (9 July 2019)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • TT, R (On the Application Of) v The Registrar General for England and Wales [2019] EWHC 1823 (Fam) (11 July 2019)0
    From England and Wales High Court (Family Division) Decisions
  • HU168762017 [2019] UKAITUR HU168762017 (12 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • HU155732017 [2019] UKAITUR HU155732017 (15 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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