39 Essex Chambers February 2024 Mental Capacity Report now out

The February 2024 issue will be winging its way to subscribers on Monday morning.  For those who can’t wait.  Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Report: medical treatment dilemmas of different hues, how risky can the court be, and capacity in context;
  2. In the Property and Affairs Report: useful guides for those creating LPAs and an Australian take on balancing risk and (false) hope in the context of scamming;
  3. In the Practice and Procedure Report: medical evidence, mental disorder and deprivation of liberty, and the approach to propensity evidence;
  4. In the Wider Context Report: the new framework for care home visiting in England, an important consultation on capacity in civil litigation, new core ethics guidance from the BMA, and the Circuit Court rolls up its sleeves in Ireland;
  5. In the Scotland Report: discrimination narrowly avoided, and a case posing questions about compensation for unlawful detention.

The screen-friendly compendium can be found here, and the print-friendly version here.

You can find our past issues, our case summaries, and more on our dedicated sub-site here, where you can also sign up to the Mental Capacity Report.

The sharp-eyed amongst you will have noticed that there was no third edition of the informal Court of Protection Law Reports series at the start of this year: this is because there will shortly be announced exciting news about their future – watch this space.

My walkthrough is here:


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