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Month: May 2021

Book Reviews

Book Review: Medical Treatment of Children and the Law (Jo Bridgeman, Routledge, 2021)

Medical Treatment of Children and the Law (Jo Bridgeman, Routledge, 2021, hardback £120, ebook, c. £25) In this book, importantly subtitled “Beyond Parental Responsibilities,” Jo … Read More ›

Posted on May 29, 2021May 29, 2021
Book Reviews

Book Review: Restrictive Practices in Health Care and Disability Settings (Bernadette McSherry and Yvette Maker, eds., Routledge, 2021)

Restrictive Practices in Health Care and Disability Settings (Bernadette McSherry and Yvette Maker, eds., Routledge, 2021, hardback £120, ebook, c. £25) This edited volume arises … Read More ›

Posted on May 29, 2021May 29, 2021
Case comments

Relevant information for different categories of decision

As discussed in my shedinar on capacity fundamentals, one of the most common sources of unnecessary complexity in thinking about whether a person has capacity … Read More ›

Posted on May 26, 2021
Birth arrangements, Case comments

Capacity, pregnancy, risk and the courts

A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion.  The case concerned an expectant woman aged 21 with what … Read More ›

Posted on May 25, 2021May 25, 2021
Webinar

Communication, music and reframing support – in conversation with Alix Lewer

In this ‘in conversation’ with Alix Lewer, founder of Include.org, we discuss the work of the  Include choir, the role of music in supporting those … Read More ›

Posted on May 20, 2021May 20, 2021
Capacity, Case comments, Sexual relations

Sex and the limits of fluctuating capacity

When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in Re … Read More ›

Posted on May 20, 2021May 20, 2021
Best interests, Case comments

Securing autonomy – Article 8 in the balance

The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically in the opening paragraphs of … Read More ›

Posted on May 19, 2021
Best interests, Capacity, COVID-19

COVID-19 vaccination – best interests is not code for mandatory vaccination (and a reminder you can’t fail a capacity assessment)

The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have been reported to date (such … Read More ›

Posted on May 19, 2021May 19, 2021
Case comments

Capacity in the rear view mirror

Amplifying a presentation that I gave on 17 May 2021 at a 39 Essex Chambers webinar examining the case of Re Clitheroe, considering whether the … Read More ›

Posted on May 17, 2021
Legislative developments

Queen’s Speech – the headlines for health, social care and mental health

(With thanks to Tim Spencer-Lane for his expert filleting), the briefing notes on the Queen’s speech delivered on 11 May 2021 confirm the following plans … Read More ›

Posted on May 11, 2021

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Older posts

Recent Posts

  • A “National DoLS Court” – what it is (and isn’t)

    May 20, 2022
    Judging by my inbox (which I know I shouldn’t be checking on sabbatical), a considerable amount of confusion has been …Read More »
  • Modernising Lasting Powers of Attorney: Government Response

    May 20, 2022
    The Ministry of Justice’s consultation paper on ‘Modernising Lasting Powers of Attorney’ (in England & Wales) was published on 20 …Read More »
  • ReSPECT, advance decision-making and capacity dilemmas – in conversation with Dr Zoë Fritz

    May 18, 2022
    In this conversation, I talk to Dr Zoë Fritz, Wellcome fellow in Society and Ethics and a Consultant in Acute …Read More »
  • Lived experience and mental health research – in conversation with Dr Thomas Kabir

    May 17, 2022
    In this conversation, I talk to Dr Thomas Kabir about his work with the McPin Foundation, and co-chair of the …Read More »
  • 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 »

RSS Bailii capacity cases

  • Riddle v Parker Rhodes Hickmott Solicitors [2022] EWCOP 18 (03 May 2022) May 19, 2022
  • 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

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

  • Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) (20 May 2022)0
    From England and Wales High Court (Queen's Bench Division) Decisions
  • Adams, R. v [2019] EWCA Crim 1363 (18 July 2019)0
    From England and Wales Court of Appeal (Criminal Division) 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
  • HU155732017 [2019] UKAITUR HU155732017 (15 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Monthly Post Archives

  • May 2022 (7)
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  • December 2021 (8)
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  • May 2021 (11)
  • April 2021 (7)
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