In light of the cases that are coming before the Court of Protection about the dividing line between treatments which… Read more
Month: February 2026
Assisted dying – the Isle of Man, the Ministry of Justice and fundamental human rights considerations
In the context of the debates in Westminster around the Terminally Ill Adults (End of Life) Bill, a letter published… Read more
When is a deprivation of liberty not a deprivation of liberty? The Mental Health Act 2025 and conditional discharge
In 2018, in MM, the Supreme Court upheld the ruling of the Court of Appeal that neither the Secretary of the… Read more
Translating insight – in conversation with Professor Tony David
In this ‘in conversation with,’ I talk to Professor Tony David about his new paper, Insight, the law and psychiatry: Going… Read more
Parental responsibility and confinement – the need for appellate authority continues (and a Gillick conundrum) – updated
[I have now updated this post to take account of another decision of Henke J’s handed down shortly after the East… Read more
Personal injury payments, reverse indemnities and charging for care costs
[This is a guest post by Arianna Kelly, whose expertise in matters relating to charging for social care in the… Read more
“Third sector” deputyship – a further iteration of the requirements for appointment
In Re AB (Enable & Thrive Ltd) [2026] EWCOP 11 (T3), Senior Judge Hilder, not without a certain degree of… Read more
Attorneys, failures to consult and consequences
Cwm Taf Morgannwg University Health Board v RW & Anor [2026] EWCOP 10 (T3) provides a snapshot of the realities… Read more
Justice and the further expert
Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7 (T2) is a decision which, as its name… Read more
A Welsh white leopard? Litigation capacity in the absence of subject-matter capacity revisited
Whether you can have capacity to conduct proceedings about a decision you lack capacity to make is a question that… Read more