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Month: October 2019

Case comments, Deprivation of liberty, Practice and Procedure

Deprivation of liberty in the community – how not to apply to court

The frankly astonishing case of LB Barnet v JDO & Ors [2019] EWCOP 47 reads as an object lesson in how not to make an … Read More ›

Posted on October 24, 2019October 25, 2019
Capacity, Medical treatment

Medical treatment and 16/17 year olds – joining the dots

Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42) on 26 September 2019, which … Read More ›

Posted on October 24, 2019October 25, 2019
Inherent jurisdiction, Practice and Procedure

The inherent jurisdiction and costs

In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made in relation to vulnerable adults … Read More ›

Posted on October 23, 2019
Conferences

Prolonged disorders of consciousness: national clinical guidelines – developments and conference

The Royal College of Physicians are in the process of updating their guidance on the management of patients in prolonged disorders of consciousness, due for … Read More ›

Posted on October 21, 2019
Newsletters

39 Essex Chambers October Mental Capacity Report

The October 2019 Mental Capacity Report will shortly be with subscribers. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: … Read More ›

Posted on October 18, 2019
Deprivation of liberty

The Irish Bournewood?

In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish Supreme Court has grappled (inter … Read More ›

Posted on October 17, 2019October 18, 2019
CRPD, Legislative developments

The CRPD Committee and legal capacity – a step forwards?

The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India, Iraq, Kuwait, and Myanmar.  For … Read More ›

Posted on October 14, 2019October 15, 2019
Inherent jurisdiction, Miscellaneous

Inherent jurisdiction guidance note

Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together with others on the 39 … Read More ›

Posted on October 10, 2019
Research of interest

Capacity assessment research – help wanted!

As part of the Wellcome-funded Mental Health and Justice Project, a metacognition workstream is looking at the interfaces between mental capacity and cognitive science.  One of … Read More ›

Posted on October 3, 2019October 3, 2019

Recent Posts

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

    May 16, 2022
    Is there something unique about being a lawyer or judge in the Court of Protection (CoP)? Could this uniqueness have …Read More »
  • 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 »
  • LPS and MCA Code consultation – video Q&As

    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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