In England and Wales, the concept of mental capacity is codified in the Mental Capacity Act 2005 (MCA). Central to this concept is the functional … Read More ›
Month: February 2021
For years, the debate about the interface between the MHA and the MCA (as to which, see further my shedinar here) and where it should … Read More ›
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice for professionals seeking to administer … Read More ›
Two Practice Notes have been published by the Official Solicitor, Sarah Castle, setting out important practicalities relating the appointment of the Official Solicitor as litigation … Read More ›
A new article to which I have contributed, led by Dr Nuala Kane, has just appeared in PLOS ONE, called Applying decision-making capacity criteria in practice: … Read More ›
As the vaccination programme continues apace, now is a good time to remind people that the Office of the Public Guardian (OPG) in England holds … Read More ›
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection is to be asked to … Read More ›
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the Pennine Acute Hospitals NHS Trust … Read More ›
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea that they were depriving their … Read More ›