Henke J has followed the Closed Hearings and Closed Material Guidance ([2023] EWCOP 6) and produced a judgment “to enable disclosure… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
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
Revoking a deputyship – are the Court of Protection’s powers constrained?
In CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 Theis J has confirmed that that the… Read more
Serious medical treatment – the importance of the public record
In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance… Read more
Capacity, presumptions and catastrophe
As Lieven J noted in her opening paragraph, A Council v An NHS Foundation Trust & Ors [2024] EWHC 874… Read more
Residence, care, sex and marriage: an (unusual) successful appeal on capacity
Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in… Read more
Children, capacity and accepting the diagnosis
Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more