Some may remember that the Court of Appeal was going to give a judgment setting out what to do where a person has fluctuating capacity, … Read More ›
Category: Case comments
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] EWHC 1810 (Ch), Master Clark … Read More ›
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test for capacity to consent to … Read More ›
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to overturn the decision of Lieven … Read More ›
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity to make decisions about residence … Read More ›
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has been perennially difficult for practitioners: … Read More ›
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general anaesthetic) of a Caesarean section … Read More ›
The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare deputies. In Re Lawson, Mottram … Read More ›
If proof were needed that Bland has politely been consigned to the history books, it can be found in the decision in Royal Bournemouth and … Read More ›
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific observations about the assessment of … Read More ›