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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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Recent Posts

  • Judging Values and Participation in Mental Capacity Law conference – last few places

    May 16, 2022
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  • Mental Health Act reform – draft legislation now announced

    May 10, 2022
    In the Queen’s Speech today (10 May 2022), it was announced that draft legislation would be brought forward to reform …Read More »
  • Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough

    May 3, 2022
    In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond …Read More »
  • Bipolar and advance decision-making, ‘Future Selves’ – new book by Beth Hopkins

    April 26, 2022
    A new publication written by artist Beth Hopkins, and coordinated by the Bethlem Gallery as part of the Mental Health …Read More »
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    April 25, 2022
    Thanks very much to everyone who sent in questions.  I have done three videos trying to answer them.   If there …Read More »

RSS Bailii capacity cases

  • 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
  • Salomon, R (On The Application Of) v Westminster Magistrates' Court [2022] EWHC 83 (Admin) (18 January 2022) April 23, 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
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • 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 CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (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

  • Child and Family Agency v L. & Anor (Unapproved) [2022] IECA 107 (09 May 2022)0
    From Irish Court of Appeal
  • Birmingham City Council v SR [2019] EWCOP 28 (17 July 2019)0
    From England and Wales Court of Protection Decisions
  • MA, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1502 (Admin) (13 June 2019)0
    From England and Wales High Court (Administrative Court) 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

Monthly Post Archives

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