The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
Month: October 2023
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
Questioning our presumptions about the presumption of capacity – in conversation with Isabel Astrachan and Dr Scott Kim
In this ‘in conversation’ with, I talk to Isabel Astrachan and Dr Scott Kim about the paper we recently published… Read more
‘Two Ps’ – navigating two sets of best interests
In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
Book Review: A Clinician’s Brief Guide to Dementia and the Law
A Clinician’s Brief Guide to Dementia and the Law (Nick Brindle, Michael Kennedy, Christian Walsh and Ben Alderson, Cambridge Medicine,… Read more
Book Review: Mason and McCall Smith’s Law and Medical Ethics (12th edition)
Mason and McCall Smith’s Law and Medical Ethics 12th edition (Anne-Maree Farrell and Edward S. Dove, OUP, 2023, paperback, 702… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Book Review: The Future of Mental Health, Disability and Criminal Law
The Future of Mental Health, Disability and Criminal Law (edited by Kay Wilson, Yvette Maker, Piers Gooding and Jamie Walvisch,… Read more
Law Commission Wills project – supplementary consultation
The Law Commission has today (5 October 2023) published Making a Will: A Supplementary Consultation Paper, together with the accompanying… Read more
39 Essex Chambers October 2023 Mental Capacity Report and walkthrough
The October 2023 Mental Capacity Report is now out, and is much shorter than last month’s blockbuster (to everyone’s relief)…. Read more