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Month: May 2019

LPS

LPS – (slightly) more flesh on the bones

The Explanatory Notes to the Mental Capacity (Amendment) Act have now been published.  They do not go substantively beyond what is set out in the … Read More ›

Posted on May 31, 2019
Case comments, CRPD, Medical treatment

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 explain why he endorsed an … Read More ›

Posted on May 30, 2019May 31, 2019
Legislative developments, LPS

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 driven to despair by trying … Read More ›

Posted on May 17, 2019
Miscellaneous

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 they?” the basis is examined … Read More ›

Posted on May 17, 2019May 17, 2019
Case comments

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 this month include: (1) In … Read More ›

Posted on May 16, 2019
Case comments

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 have yet been given as … Read More ›

Posted on May 16, 2019
Capacity, Case comments, Sexual relations

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 at which Hayden J considered … Read More ›

Posted on May 14, 2019May 17, 2019
Job/Research Opportunities

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 the School of Clinical Medicine) … Read More ›

Posted on May 13, 2019
Best interests, Case comments, Medical treatment

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 was in the best interests … Read More ›

Posted on May 13, 2019
Capacity, Case comments, CRPD, Practice and Procedure

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 prenuptial agreement and also disclosure … Read More ›

Posted on May 11, 2019May 11, 2019

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Older posts

Recent Posts

  • Shedinar – the MCA and 16/17 year olds

    January 18, 2021
    In this shedinar, I look at the MCA and 16/17 year olds.  This is a complicated area, so this can …Read More »
  • When is a refusal by a 16 or 17 year old of treatment determinative?

    January 18, 2021
    When should refusal of treatment by someone under 18 be determinative?   For many years, it had been thought that the …Read More »
  • 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 »

RSS Bailii capacity cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021) January 18, 2021
  • Nimer v United Al Saqer Group LLC & Ors [2021] EWHC 50 (QB) (18 January 2021) January 18, 2021
  • 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

RSS Bailii CRPD cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • 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
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions

RSS MHLO updates

  • Ordinary residence and s117. DHSC, 'Statutory guidance: DHSC's position on the determination of ordinary residence disputes pending the outcome of the Worcestershire case' (24/6/20)
    — (1) The DHSC position, which is subject to ongoing proceedings in R (Worcestershire CC) v SSHSC, is that if a patient is detained in Area 1, then provided with accommodation under s117 in Area 2, then detained in Area 2: (a) the patient remains ordinarily resident in Area 1, applying R (Cornwall Council v […]
  • 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; […]

RSS Baillii Mental Health Act cases

  • NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)0
    From England and Wales High Court (Family Division) Decisions
  • Secretary of State for Work and Pensions v LM (ESA Contributions and credits - credits and credited earnings) [2017] UKUT 485 (AAC) (12 December 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • 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
  • PA038302016 [2017] UKAITUR PA038302016 (15 November 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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