In Re PC [2024] EWCA Civ 895, the Court of Appeal has refused permission to appeal the decision of Cusworth… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Mental capacity and mental health matters – an end of term report
The High Court court term ends today in England & Wales, 31 July. Not least because the next 39 Essex… Read more
Belief and mental capacity – the Court of Appeal decides
In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more
A decision for the court or the doctors? A stark question for Henke J
Re AA (Withdrawal of Life-Sustaining Treatment: No Best Interests Decision) [2024] EWCOP 39 (T3) is a difficult case. It concerned… Read more
Lord Falconer’s Assisted Dying for Terminally Ill Adults Bill – update and resources
Lord Falconer’s Private Member’s Bill is now available. At the time of writing, there is no date yet set for… Read more
The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations
How far can the State be expected to go in seeking to secure the rights of those in challenging situations? … Read more
Futility and best interests before the Court of Protection
When medical treatment can be considered to be a futile is an important, but sometimes difficult, question. What can make… Read more
A judicial reminder of the hard edges of the treatment regime under the MHA 1983
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case… Read more
Mental Health and Justice – project website reborn
Mental Health & Justice was a Wellcome Trust-funded multi-disciplinary research initiative, running between 2017-2023, addressing a cluster of public policy… Read more
Right Care, Right Person before the courts
It is perhaps slightly surprising that Right Care, Right Person should make its first reported appearance in case-law in the… Read more