Personal welfare deputyship cases are like buses – you wait ages, and then three come along all at once. After… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Personal welfare deputies, the Court of Protection and Article 8 ECHR
Re XY [2025] EWCOP 55 (T2)[1] is an important decision about the powers of welfare deputies. The specific facts of… Read more
Adult safeguarding, Dame Louise Casey and gaps in the law
Dame Louise Casey, leading an independent commission into adult social care, has recently (3 March) written to the Secretary of… Read more
Restraint, learning disability and Seni’s Law – in conversation with Beverley Samways
In this ‘in conversation’ with Dr Beverley Samways, we talk about the scoping review she has led on to review… Read more
39 Essex Chambers March 2026 Mental Capacity Report and walkthrough
The March 2026 report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty… Read more
Is there space for clinical decision-making in relation to incapacitated adults? The CA pronounces
The Court of Appeal in Townsend v Epsom & Helier University Hospitals NHS Trust [2026] EWCA Civ 195 has handed… Read more
Assisted dying – immediate and (potential) longer-term lessons from Jersey
The Assisted Dying (Jersey) Law has been adopted by the States of Jersey. Because of the complex relationship between Jersey… Read more
Withdrawing clinically inappropriate life-sustaining treatment – the latest Strasbourg word
In light of the cases that are coming before the Court of Protection about the dividing line between treatments which… Read more
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