In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
Author: Alex RK
Alex is a barrister, writer and educator, and creator of the website www.mclap.org.uk
Deprivation of liberty and disability- its meaning and (il)legitimacy?
A report has just been published by the UN Special Rapporteur on the Rights of Persons with Disabilities, Catalina Devandas, on ‘Ending… Read more
Mental Health Act review supporting documents
The supporting materials for the review of the MHA 1983 that reported in December last year have now been published…. Read more
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