In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
A right to family life does not mean an obligation to endure one
In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37… Read more
How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
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