The small body of appellate level jurisdiction on the MCA has been added to in Re RW [2018] EWCA Civ 1067, concerning the continued provision of clinically assisted nutrition and hydration (CANH) via a nasogastric (NG) tube to an elderly man with end stage dementia. The question that had been before Parker J had been whether, […]
The May reports will be circulated shortly to those who have signed up for them, but for those who cannot wait, they can be found on the links below. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: CANH withdrawal on the papers and DOLs statistics; (2) In the Property and Affairs […]
The April 2018 Report is now available. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Government responds to the Law Commission’s Mental Capacity and Deprivation of Liberty report, the Joint Committee on Human Rights rolls up its sleeves, and exploring the outer limits of best interests; (2) In the Property […]
The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v Yulia Skripal [2018] EWCOP 8, concerning Sergei Skripa and his daughter Yulia and, specifically, whether it was in their best interests for the Organisation for the Prohibition of Chemical Weapons to: (1) Collect fresh blood samples […]
In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March 2018 (for reasons which will perhaps be self-evident) Mostyn J was asked to approve a treatment regime for a woman with HIV which involved the administration of medication to her on the basis of active […]
[post updated on 29 March with more detail as to the operation of ‘foreign’ powers of attorney] Re JMK [2018] EWCOP 5, HHJ Hilder, faced with two litigants in person, has taken an unfortunate wrong turn as regards the basis upon which ‘foreign’ (i.e. non English & Welsh) powers have effect in England and Wales. Two […]
In a fascinating judgment just published here, Williams J has held that it is in the best interests of Sergei Skripal and his daughter for fresh blood samples to be taken from them for purposes of testing by the Organisation for the Prohibition of Chemical Weapons. The judgment ranges widely over issues of transparency, habitual […]
This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in Cheshire West. It is undoubtedly far too early to tell its true impact, but it is an important coincidence that it is this week that the Joint Committee on Human Rights will start hearing oral […]
The Government has today (14 March) published its response to the Law Commission’s Mental Capacity and Deprivation of Liberty report. The headline is that the Government “agree[s] in principle that the current DoLS system should be replaced as a matter of pressing urgency,” and that it will legislate in due course. Before the introduction of […]
[I am happy to host here a guest post by Zena Soormally, Associate Solicitor at Simpson Millar and Andrew Bagchi QC of 1 Garden Court Chambers, on their recent case of AB v HT v London Borough of Hammersmith and Fulham v M v MS [2018] EWCOP 2.] What Happened In This Case? The judgment deals with capacity […]
