To mark 10 years since the publication of the report of the House of Lords select committee convened to conduct… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Lieven J puts the (Cheshire West) cat amongst the pigeons
Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more
Updated guidance note on relevant information for different categories of decision
As the Court of Protection judges have been very busy over the past little while looking at different categories of… Read more
39 Essex Chambers March 2024 Mental Capacity Report
Welcome to the March 2024 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
10 years since Cheshire West, the House of Lords scrutinised the MCA 2005 in action, and this website started…
March 2024 contains three ten year anniversaries. One is national – indeed international – significance; one is of national significance,… Read more
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
If you have been found by a criminal court that you did not know what you were doing was wrong… Read more