[I am very pleased to be able to host here a guest post by Richard Charlton and Bharati Gidoomal, two… Read more
Month: September 2023
Brain stem death, an explainer of the law in England & Wales, and a question of consent
The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (‘DNC’), and… Read more
Independent review of disagreements in the care of critically ill children – the report and recommendations
The Nuffield Council on Bioethics has today, 18 September 2023, published the report of the review it was commissioned in… Read more
Distributed rights protection: The 2000 Hague Convention on the International Protection of Adults and the challenge of securing fundamental rights across borders
In an article published in September 2023 in the International Journal of Law and Psychiatry, my colleague in Chambers, Chiara… Read more
The Powers of Attorney Act 2023 – and how it will change the law
Royal Assent was granted on 18 September 2023 to the Powers of Attorney Bill – now the Powers of Attorney… Read more
Insight and mental health care: the perspective of those whose insight is being questioned: in conversation with Dr Magda Furgalska
In this ‘in conversation’ with, I talk to Dr Magda Furgalska about her research into people’s lived experiences of ‘insight’… Read more
“Proportional assessments,” remote assessments, the Care Act and the MCA – an update
I posted a few weeks ago about new guidance on carrying out proportionate assessments under the Care Act 2014 published… Read more
39 Essex Chambers September Mental Capacity Report and walkthrough
Our September 2023 Mental Capacity Report is now out, which we think is our largest ever, thanks to judicial hyperactivity… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more