Whilst the Supreme Court considers the Attorney General for Northern Ireland’s reference, I am being cautious about commenting about cases… Read more
Month: February 2026
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
National Mental Capacity Forum Annual Report 2023-2025
Margaret Flynn, the Chair of the National Mental Capacity Forum, has published her annual report (in fact, a double issue)… Read more
Overwhelming desires and capacity – in conversation with Dr Joe Gough
In this ‘in conversation’ with Dr Joe Gough, we discuss some of the fruits of his British Academy Postdoctoral Fellowship… Read more
39 Essex Chambers February 2026 Mental Capacity Reports
The February 2026 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
The Terminally Ill Adults (End of Life) Bill – a briefing on eligibility
As the House of Lords continues at Committee stage to consider eligibility, members of the Complex Life and Death Decisions… Read more