The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
“Learning to learn” – capacity and the awareness of choice
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations… Read more
Capacity, consent and sexual relations – the Supreme Court decides
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
The Assisted Decision-Making (Capacity) Act 2015: Personal and Professional Reflections
Not just those within Ireland, but also those interested from other jurisdictions, in seeing how a hugely important law reform… Read more
November 2021 Mental Capacity Report – and walkthrough
The November 2021 Mental Capacity Reports is about to hit subscribers‘ inboxes. Highlights this month include: Highlights this month include:… Read more
Accessing small funds – important consultation now open
The Ministry of Justice are consulting on a potential mechanism to enable families seeking access to small funds belonging to… Read more
Communication and participation in the Court of Protection – new training video
Researchers on the AHRC-funded project, Judging Values and Participation in Mental Capacity Law, based at the ICPR, Birkbeck School of… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more