How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Happy birthday MCA!
The MCA 2005 came into force 14 years ago today, 1 October 2007. To mark its birthday, I’ve recorded a… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
Book Review: Mental Health, Legal Capacity and Human Rights (Michael Ashley Stein, Faraaz Mahomed, Vikram Patel and Charlene Sunkel, eds, Cambridge, 2021)
Mental Health, Legal Capacity and Human Rights (Michael Ashley Stein, Faraaz Mahomed, Vikram Patel and Charlene Sunkel, eds, Cambridge, 2021,… Read more
Gillick competence, puberty-blockers and the Court of Appeal
In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal… Read more
September 2021 Mental Capacity Report
The September 2021 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Court fees increase from 30 September 2021
Following the consultation on increasing selected court fees and Help with Fees income thresholds by inflation, the Government response to… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more