Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
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
Intellectual disability, psychiatric admissions and Article 3 – the European Court of Human Rights raises the stakes
In VI v Moldova [2024] ECHR 251, the European Court of Human Rights considered the placement of a 15 year… Read more
When (not) to rely upon capacity?
In Lukes v Kent & Medway NHS & Social Care Partnership Trust & Anor [2024] EWHC 753 (KB) Julian Knowles… Read more
Court of Protection Handbook update May 2024
A few days early (next week is particularly busy for me), the May 2024 quarterly update to the Court of… Read more