The 39 Essex Chambers inherent jurisdiction guidance note has been updated to take account of the continuing stream of (frequently… Read more
Month: February 2020
Getting creative with consent – a reason to revisit Cheshire West?
A reminder of this debate which is being held by the Court of Protection Bar Association on Wednesday 4 March… Read more
BASW Cymru Survey for Welsh BIAs and Cross Border Assessors
BASW Cymru have launched a survey regarding DoLS practice and the forthcoming Liberty Protection Safeguards. It is intended for completion… Read more
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
Medical treatment: delay, neglect and judicial despair
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to… Read more
Not only inimical… but potentially fatal, an update
Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it… Read more
Essex Autonomy Project Summer School – 10th anniversary
Registration for the 10th Essex Autonomy Project Summer School is now open. The EAP Summer School is an annual 3… Read more
Mental Health Tribunal rule consultation
The Tribunal Procedure Committee has opened a consultation, closing on 7 April, on extending the window within which the Mental Health… Read more
39 Essex Chambers – February report
Welcome to the February 2020 Mental Capacity Report, which is, even by our standards, a bumper one. Highlights this month… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more