The Spaces of Mental Capacity Law Moving Beyond Binaries (Beverley Clough, Routledge, 2021, Hardback £120/ebook £33.29) [A version of this book review will be forthcoming … Read More ›
Category: Case comments
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In Re AH (Serious … Read More ›
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of … Read More ›
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and … Read More ›
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what was less bad: allowing a … Read More ›
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful observations about the obligations imposed … Read More ›
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction? This important question was … Read More ›
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty there? In 2018, the … Read More ›
In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of Appeal has overturned the decision … Read More ›
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance … Read More ›