Hot on the heels of the first Irish case to consider capacity to marry under their new regime, by pure… Read more
Capacity to marry – the English perspective (and is it the last word?)
Category: Comments
Mental health conditions, cancer investigation and capacity – the challenges of achieving parity
Powys Teaching Health Board & Anor v NT & Anor [2025] EWCOP 44 (T3), bluntly, illustrates why those with mental health… Read more
Brain stem death testing and the courts: procedural fairness, and the definitive diagnosis of death
The issue of brain stem death testing (or, more formally, diagnosing death by neurological criteria) is one that has been… Read more
Capacity and marriage – the changes brought about in Ireland by the Assisted Decision-Making (Capacity) Act 2015
In the Matter of AB is an extremely interesting decision from the Circuit Court in Ireland. It concerns the capacity… Read more
Communicating the communication limb of the capacity test
Re BV (Medical Treatment – Renal Cancer: Nephrectomy) [2025] EWCOP 41 (T3) is a relatively ‘routine’ medical treatment case (without,… Read more
Natural justice and costs in the Court of Protection
Riddle v NA [2025] EWCOP 39 (T3) raises questions about the fitness for purpose of a key plank of the… Read more
Holding the risk in medical treatment cases
Re RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) is a case which demonstrates the care and… Read more
Fact finding in the Court of Protection
In Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3), Lieven J has provided a helpful recap of… Read more
Deprivation of liberty update – the Supreme Court, DHSC and CQC
Three important developments, on different timelines, have occurred in relation to deprivation of liberty. The first development is the publication… Read more
Termination, best interests and where the buck stops
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more