In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations
In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the… Read more
Vaccination – another case, and confirmation of the centrality of the person’s wishes and feelings
In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E… Read more
New issue of the International Journal of Mental Health and Capacity Law now out
The (pandemic delayed) new issue of the IJMHCL is now published, available (for free), here: To whet your appetite, I… Read more
39 Essex Chambers Mental Capacity Report February 2021 and walkthrough
The February 2021 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Deprivation of liberty – establishing the cost to the person (and to the public body)
LB Haringey v Emile [2020] MHLO (CC)[1] is a rare example of a contested determination of damages for deprivation of liberty… Read more
The MCA and the translation gap
In England and Wales, the concept of mental capacity is codified in the Mental Capacity Act 2005 (MCA). Central to… Read more
More than just ancedata about the MCA/MHA interface
For years, the debate about the interface between the MHA and the MCA (as to which, see further my shedinar… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Official Solicitor Practice Notes
Two Practice Notes have been published by the Official Solicitor, Sarah Castle, setting out important practicalities relating the appointment of… Read more