In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme… Read more
Article 8 protections after AGNI
Category: Comments
Deciding deprivation of liberty in an “efficient, and relatively speedy” way
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived… Read more
Capacity, presumptions and doubts – the Court of Appeal clarifies
In TDB v London Borough of Haringey [2026] EWCA Civ 1168, the Court of Appeal has clarified the role that… Read more
AGNI – the most comprehensive first instance ‘run’ at it so far
Just too late for the September 2026 Mental Capacity Report, HHJ Burrows has handed down the most comprehensive first instance… Read more
Capacity: the court and the expert, and the ‘reasons burden
In one of what is likely to be one of her last decisions as a Tier 3 judge (having very… Read more
AGNI – resources page, podcast and shedinar video
I have started a resources page on the AGNI case, and will start to populate it as more guidance and… Read more
Supreme Court overrules Cheshire West
In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10… Read more
Position statements, transparency and the Court of Protection
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position… Read more
The contact constraints on the Court of Protection
The issue of visiting in care homes is a distinctly hot topic at the time of writing (May 2026). Linked,… Read more
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more