The September 2019 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Fluctuating capacity – micro vs macro decisions
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Court of Protection Handbook Third Edition now published!
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon)… Read more
39 Essex Chambers July Mental Capacity Report
The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the… Read more
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more
CTOs and community deprivation of liberty – some welcome clarity
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more