It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Month: January 2023
A long-term perspective in capacity: in conversation with Dr Janet Weston
In the most recent (slightly snuffly) in conversation, I talk to Dr Janet Weston about her fascinating book Looking after Miss… Read more
Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more
Powers of Attorney Bill – what changes would it make to the LPA regime in England & Wales: walkthrough and amended version of MCA
In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it… Read more
Why has the challenge to mental capacity associated with the CRPD Committee had so little traction? And should it? Some thoughts
Challenges not just to the application, but the very legitimacy, of the concept of mental capacity over the past 10… Read more
Book Review: Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England
Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England (Janet Weston, McGill-Queens University Press,… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Draft Mental Health Bill – the Parliamentary scrutiny committee reports (and walkthrough)
The Joint Committee on the Draft Mental Health Bill has today (19 January 2023) published its pre-legislative scrutiny report on… Read more
Interdisciplinarity, capacity paradigms and new challenges for capacity – in conversation with Dr Gareth Owen
In a slightly different ‘in conversation with,’ in that the tables are turned half-way though and I’m on the spot,… Read more
Judging Values And Participation In Mental Capacity Law – in conversation with Dr Camillia Kong and Professor Penny Cooper
In this shedinar, I discuss the genesis, findings and headline points of the Judging Values project led by Camillia Kong… Read more