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Month: November 2019

Miscellaneous

Deprivation of liberty in the hospital setting: updated guide

The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to take account of the decision … Read More ›

Posted on November 19, 2019
Newsletters

39 Essex Chambers November Mental Capacity Report

The November 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 November 18, 2019
Advance Planning, Best interests, Case comments, Medical treatment, Mental Health

The MHA, force-feeding and best interests

In JK v A Local Health Board [2019] EWHC 67 (Fam), Lieven J had to grapple with the intersection between the MCA, the MHA and the … Read More ›

Posted on November 15, 2019
Case comments, Cross-border

Foreign powers of representation – making them effective in England & Wales

In Re Various applications concerning foreign representative powers [2019] EWCOP 52. Senior Judge Hilder has returned to the complex issues that arise where an attorney … Read More ›

Posted on November 11, 2019
Book Reviews

Book Review: Parental Rights, Best Interests and Significant Harms

Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street v Gard (edited by Imogen Goold, Jonathan Herring and … Read More ›

Posted on November 3, 2019November 3, 2019
Case comments

Court of Protection Handbook – first quarterly update and new precedent letters

The first quarterly update to the Court of Protection Handbook can now be found here.   Although it is primarily of use for those in possession … Read More ›

Posted on November 1, 2019

Recent Posts

  • Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article

    April 2, 2021
    An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
  • End of term report from the Mental Capacity Report team

    April 1, 2021
    For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
  • A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

    March 30, 2021
    It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
  • Mediation and medical cases – reflections on process and outcomes

    March 29, 2021
    In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
  • Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?

    March 26, 2021
    In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

RSS Bailii capacity cases

  • HU105522019 [2021] UKAITUR HU105522019 (29 March 2021) April 15, 2021
  • Rea v Rea & Ors [2021] EWHC 893 (Ch) (14 April 2021) April 14, 2021
  • E and F v G and H (Unapproved) [2021] IECA 108 (13 April 2021) April 14, 2021
  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021

RSS Bailii CRPD cases

  • E and F v G. and H (Unapproved) [2021] IECA 108 (13 April 2021)0
    From Irish Court of Appeal
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • 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
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • Books page updated
    — The Books page has been revamped and now has cover images for all books. Please let me know if any good books are missing. You can support MHLO by purchasing the Law Society's MHT book (2013) and the Annual Review 2020. Also, please bookmark this Amazon affiliate link and use it before making any […]
  • Medication book. British National Formulary (Pharmaceutical Press, 81st edn 2021)
    — The BNF is published biannually and includes key information on the selection, prescribing, dispensing and administration of medicines.
  • MHA book. Steven Richards and Aasya Mughal, Working with the Mental Health Act (4th edition, Matrix Training 2020)
    — MHA book
  • Mental Capacity Report note. Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21)
    — There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; […]
  • Book update. Alex Ruck Keene et al, 'Court of Protection Handbook: Handbook updates' (updated 1/2/21)
    — This web page contains quarterly updates to Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019).

RSS Baillii Mental Health Act cases

  • AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
    From England and Wales High Court (Family Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
    From England and Wales High Court (Chancery Division) Decisions
  • Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Thompson v R [2018] EWCA Crim 639 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)

Monthly Post Archives

  • April 2021 (2)
  • March 2021 (23)
  • February 2021 (20)
  • January 2021 (14)
  • December 2020 (11)
  • November 2020 (14)
  • October 2020 (20)
  • September 2020 (12)
  • August 2020 (9)
  • July 2020 (14)
  • June 2020 (21)
  • May 2020 (31)
  • April 2020 (19)
  • March 2020 (14)
  • February 2020 (13)
  • January 2020 (8)
  • December 2019 (1)
  • November 2019 (6)
  • October 2019 (9)
  • September 2019 (6)
  • August 2019 (1)
  • July 2019 (8)
  • June 2019 (5)
  • May 2019 (12)
  • April 2019 (11)
  • March 2019 (7)
  • February 2019 (6)
  • December 2018 (14)
  • November 2018 (7)
  • October 2018 (10)
  • September 2018 (4)
  • July 2018 (6)
  • June 2018 (3)
  • May 2018 (4)
  • April 2018 (3)
  • March 2018 (14)
  • February 2018 (6)
  • January 2018 (4)
  • December 2017 (5)
  • November 2017 (6)
  • October 2017 (9)
  • September 2017 (12)
  • August 2017 (3)
  • July 2017 (4)
  • June 2017 (9)
  • May 2017 (12)
  • April 2017 (6)
  • March 2017 (14)
  • February 2017 (4)
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  • December 2016 (16)
  • November 2016 (13)
  • October 2016 (6)
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  • May 2016 (7)
  • April 2016 (5)
  • March 2016 (9)
  • February 2016 (8)
  • January 2016 (8)
  • December 2015 (7)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (3)
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  • July 2015 (11)
  • June 2015 (9)
  • May 2015 (4)
  • April 2015 (9)
  • March 2015 (6)
  • February 2015 (4)
  • January 2015 (4)
  • December 2014 (2)
  • November 2014 (8)
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  • September 2014 (2)
  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

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