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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

  • Transparently clunky – Mostyn J and transparency orders before the Court of Protection

    August 10, 2022
    In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the …Read More »
  • Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities

    August 3, 2022
    For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales.   …Read More »
  • Human Rights in Care Settings: Joint Committee on Human Rights reports

    July 22, 2022
    The Joint Committee on Human Rights has today (22 July) published its report into Human Rights in Care Settings, following …Read More »
  • Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (BMA/Law Society) 5th edition almost here

    July 21, 2022
    Warning: further shameless self-promotion.  The 5th edition of the Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers …Read More »
  • Court of Protection Handbook 4th edition – almost here

    July 21, 2022
    Shameless self-promotion alert: the fourth edition of the Legal Action Group Court of Protection Handbook is now available to pre-order, …Read More »

RSS Bailii capacity cases

  • Director of Public Prosecutions v MR (Approved) [2022] IECA 192 (29 July 2022) August 12, 2022
  • W-A (Children : Foreign Conviction) [2022] EWCA Civ 1118 (05 August 2022) August 5, 2022
  • Milburn, R (On the Application Of) v The Local Government and Social Care Ombudsman [2022] EWHC 1777 (Admin) (06 July 2022) August 5, 2022
  • Sokolik v Kobre & Kim (UK) LLP (Practice and Procedure - Application for Postponement - Decision to Dismiss for Non-Attendance - Rule 47 ET Rules) [2022] EAT 111 (02 August 2022) August 3, 2022
  • A MENTAL HEALTH NHS TRUST v BG [2022] EWCOP 26 (24 June 2022) July 31, 2022

RSS Bailii CRPD cases

  • Child and Family Agency & Anor v The Adoption Authority of Ireland & Ors (Unapproved) [2022] IECA 196 (10 August 2022)0
    From Irish Court of Appeal
  • 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)
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • 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
  • 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
  • Adults with Incapacity (Report) [2014 SLC 240 (September 2014)0
    From Scottish Law Commission (Reports)

RSS MHLO updates

  • Job advert. Noble Solicitors, Bedfordshire/remote - COP and MH solicitor (listed until 12/11/22).
  • Case (Admissibility of foreign conviction). Re W-A [2022] EWCA Civ 1118
  • Case (Residence). K v N Council [2022] MHLO 1 (COP)
  • Case (Funding holidays). R (BG) v Suffolk County Council [2022] EWCA Civ 1047
  • Case (Sex and contact). Hull City Council v KF [2022] EWCOP 33

RSS Baillii Mental Health Act cases

  • Williamson v The Bishop Of London & Ors (Practice and procedure - Civil Procedure Order - section 42 Senior Courts Act 1981) [2022] EAT 118 (01 August 2022)0
    From United Kingdom Employment Appeal Tribunal
  • Corrigan v Chelsea Football Club Ltd [2019] EWCA Civ 1964 (19 November 2019)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Bessong v Pennine Care NHS Foundation Trust (RACE DISCRIMINATION – Harassment) [2019] UKEAT 0247_18_1810 (18 October 2019)0
    From United Kingdom Employment Appeal Tribunal
  • AG v Michel 18-Oct-2019 [2019] JRC 205 (18 October 2019)0
    From Jersey Unreported Judgments
  • Joseph, Application for Reconsideration by [2019] PBRA 43 (22 October 2019)0
    From The Parole Board for England and Wales
  • Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • C (A Child : care proceedings - inherent jurisdiction - deprivation of liberty) [2019] EWFC B72 (Comm) (06 November 2019)0
    From England and Wales Family Court Decisions (other Judges)
  • DA v Kent and Medway NHS and Social Care Trust (Mental health) [2019] UKUT 348 (AAC) (11 November 2019)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JK v A Local Health Board [2019] EWHC 67 (Fam) (13 November 2019)0
    From England and Wales High Court (Family Division) Decisions

Monthly Post Archives

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