One of the most difficult areas where the law runs up against practical realities is in relation to addressing the… Read more
Month: May 2024
Where every option is problematic and the optimism of best interests is not enough: a dilemma for the Court of Appeal
The Court of Appeal has dismissed the appeal of both the local authority and the Official Solicitor against the decision… Read more
Life in the balance in ITU – in conversation with Dr Jim Down
In this “in conversation with”, I talk to Dr Jim Down about a whole host of matters related to intensive… Read more
The inherent jurisdiction – a case, guidance, and a challenge from Ireland
Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more
What does it mean to be an expert in the person? The Court of Protection decides
EIn University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to… Read more
Deprivation of liberty – are we listening closely enough to the person?
Re HC [2024] EWCOP 24 is notable for the approach taken by Victoria Butler-Cole KC (sitting as a Tier 3… Read more
The older child and medical treatment decisions – mental capacity or competence?
Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J,… Read more
39 Essex Chambers May 2024 Mental Capacity Report and walkthrough
The May 2024 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Closed material and parallel proceedings – Henke J provides a route map
Henke J has followed the Closed Hearings and Closed Material Guidance ([2023] EWCOP 6) and produced a judgment “to enable disclosure… Read more
Capacity to consent to having capacity assessed – and why thinking about capacity in the abstract is usually so unhelpful
In response to a question posed by the excellent Zena Bolwig on LinkedIn, an interesting discussion has broken out about… Read more