The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published. They do not go substantively beyond what… Read more
Month: May 2019
Life-sustaining treatment – what would P have done? And does it make a difference that she is in a ‘pro-life’ nursing home?
In A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18, MacDonald J gave a detailed judgment to… Read more
Full text of Mental Capacity (Amendment) Act 2019 now published
The full text of the MC(A)A 2019 has now been published, to the relief of all those who were being… Read more
Who are they? Where are they? ‘Invisible’ locked up children
In a powerful and wide-ranging report published by the Children’s Commissioner on 16 May entitled “Who are they? Where are… Read more
39 Essex Chambers May Mental Capacity Reports
The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights… Read more
An Act is passed – the LPS Bill gets Royal Assent
Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details… Read more
Sexual relations, rights and capacity
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019… Read more
Communicating diagnostic uncertainty – great research opportunity
The Centre for Law, Medicine and Life Sciences (in the Faculty of Law) and The Healthcare Improvement Studies Institute (in… Read more
Reproductive rights and when it is ‘right’ to go to court
University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests) [2019] EWCOP 16 concerned whether it… Read more
Capacity, pre-nuptial agreements and knowledge of your own assets
PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a… Read more