Reminding us always that it is very helpful to look around outside England & Wales, the Capacity Bill 2022 has… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Vaccination and mental capacity – 6th update to 39 Essex Chambers guide
We have updated our vaccination and mental capacity guide to take account of recent caselaw. It can be found here…. Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
George Orwell and best interests – DoLS and public protection under the spotlight
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more
Changes to P&A deputyship applications from 1 January 2023
From January 2023, the new upfront notification process will become the standard process for all Property and Affairs deputyship applications,… Read more
Judging Values project – final report now published
The final report of the Judging Values and Participation in Mental Capacity Law project has now been published. Led by… Read more
Powers of Attorney Bill – now published
In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that… Read more
Ten years since Rabone – Where are we now? INQUEST Seminar 6 December
If you are a lawyer in England & Wales and need a reason to join the indefatigable charity INQUEST, the… Read more
What place has ‘capacity’ in the criminal law relating to sex post JB?
A paper that I have written with Allegra Enefer has been published in the International Journal of Law and Psychiatry. … Read more
Wittgenstein, clinical dilemmas, and Voluntarily Stopping Eating and Drinking
“Whereof one cannot speak, thereof one must be silent.” Whilst the philosopher Ludwig Wittgenstein was thinking of rather different matters… Read more