The supporting materials for the review of the MHA 1983 that reported in December last year have now been published…. Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
39 Essex Chambers February Mental Capacity Report
After our winter break, the Reports are back. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a… Read more
5 reflections on law reform (and over and out for now)
With a neat (if unplanned) symmetry, work that have been dominating my life has come to different forms of head… Read more
39 Essex Chambers Mental Capacity Report end of term email
The editorial team’s commitments have been such recently that there is no report for December, but instead an end of… Read more
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ,… Read more
The thinnest of legal ice – restricting contact and the MCA
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were… Read more
Attorneys, neglect and the shortcomings of s.44 MCA
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more
Cross-border protection and the CRPD
I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European… Read more