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Month: November 2021

Miscellaneous

39 Essex Chambers Guidance Notes: Carrying out and Recording Capacity Assessments and Relevant Information – updated!

Our guidance note has been updated to reflect the decision of the Supreme Court in JB, as well as other recent case-law.  We have also taken … Read More ›

Posted on November 30, 2021November 30, 2021
Advance Planning, Best interests, Case comments, Medical treatment, Practice and Procedure

The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements

The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In Re AH (Serious … Read More ›

Posted on November 26, 2021
Capacity, Case comments

“Learning to learn” – capacity and the awareness of choice

Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of … Read More ›

Posted on November 24, 2021
Capacity, Case comments, Sexual relations

Capacity, consent and sexual relations – the Supreme Court decides

The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and … Read More ›

Posted on November 24, 2021November 30, 2021
CRPD, Legislative developments

The Assisted Decision-Making (Capacity) Act 2015: Personal and Professional Reflections

Not just those within Ireland, but also those interested from other jurisdictions, in seeing how a hugely important law reform in this area is being … Read More ›

Posted on November 22, 2021
Newsletters

November 2021 Mental Capacity Report – and walkthrough

The November 2021 Mental Capacity Reports is about to hit subscribers‘ inboxes.  Highlights this month include:  Highlights this month include: (1) In the Health, Welfare … Read More ›

Posted on November 16, 2021
Legislative developments

Accessing small funds – important consultation now open

The Ministry of Justice are consulting on a potential mechanism to enable families seeking access to small funds belonging to loved ones who lack mental … Read More ›

Posted on November 16, 2021
Miscellaneous

Communication and participation in the Court of Protection – new training video

Researchers on the AHRC-funded project, Judging Values and Participation in Mental Capacity Law, based at the ICPR, Birkbeck School of Law, have pioneered a training … Read More ›

Posted on November 15, 2021
Best interests, Case comments, Welfare

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?

In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what was less bad: allowing a … Read More ›

Posted on November 14, 2021
Best interests, Case comments, Medical treatment, Practice and Procedure

Best interests decision-making, dignity and delay – obligations that cannot be avoided

In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful observations about the obligations imposed … Read More ›

Posted on November 14, 2021

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Older posts

Recent Posts

  • 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 »
  • Mental Health Act reform – draft legislation now announced

    May 10, 2022
    In the Queen’s Speech today (10 May 2022), it was announced that draft legislation would be brought forward to reform …Read More »
  • Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough

    May 3, 2022
    In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond …Read More »
  • Bipolar and advance decision-making, ‘Future Selves’ – new book by Beth Hopkins

    April 26, 2022
    A new publication written by artist Beth Hopkins, and coordinated by the Bethlem Gallery as part of the Mental Health …Read More »
  • LPS and MCA Code consultation – video Q&As

    April 25, 2022
    Thanks very much to everyone who sent in questions.  I have done three videos trying to answer them.   If there …Read More »

RSS Bailii capacity cases

  • 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
  • Salomon, R (On The Application Of) v Westminster Magistrates' Court [2022] EWHC 83 (Admin) (18 January 2022) April 23, 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

  • Child and Family Agency v L. & Anor (Unapproved) [2022] IECA 107 (09 May 2022)0
    From Irish Court of Appeal
  • Birmingham City Council v SR [2019] EWCOP 28 (17 July 2019)0
    From England and Wales Court of Protection Decisions
  • MA, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1502 (Admin) (13 June 2019)0
    From England and Wales High Court (Administrative Court) 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

Monthly Post Archives

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