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Category: Best interests

Best interests, Case comments, COVID-19, Medical treatment

When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he had addressed in Sandwell And … Read More ›

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Posted on February 26, 2021
Best interests, Capacity, Case comments

A right to family life does not mean an obligation to endure one

In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 year old man, and the … Read More ›

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Posted on February 24, 2021
Best interests, Case comments, Medical treatment

How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness

In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version of a dilemma that presents … Read More ›

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Posted on February 24, 2021February 24, 2021
Best interests, Capacity, Case comments, Medical treatment, Practice and Procedure

Covert medication and involving the Court of Protection

In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice for professionals seeking to administer … Read More ›

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Posted on February 9, 2021
Best interests, Capacity, Case comments, Medical treatment

Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)

In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the Pennine Acute Hospitals NHS Trust … Read More ›

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Posted on February 3, 2021February 3, 2021
Best interests, Case comments, Medical treatment

Incapacity and the limits of persuasion

In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian … Read More ›

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Posted on July 17, 2020July 17, 2020
Best interests, Case comments, Medical treatment

Stem cell donation, altruism and the Court of Protection

In A NHS Foundation Trust v MC [2020] EWCOP 33, Cohen J has confirmed that it can be in the best interests of a person … Read More ›

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Posted on June 30, 2020
Advance Planning, Best interests, Case comments, Medical treatment

‘True’ best interests, advance decisions and the subjective approach

In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him as the Out of Hours … Read More ›

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Posted on June 4, 2020
Best interests, Case comments, COVID-19

Best interests, death at home and the Court of Protection

In VE v AO & Ors [2020] EWCOP 23, Lieven J was asked to determine whether it was in the best interests of a terminally … Read More ›

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Posted on May 18, 2020
Best interests, Capacity, COVID-19

COVID-19, testing and capacity

Together with other members of the 39 Essex Chambers Court of Protection team, I have put together this Guidance Note on testing for COVID-19 and … Read More ›

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Posted on May 4, 2020May 4, 2020

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Recent Posts

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    February 28, 2021
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  • Power of Attorney: All you need to know: Book Review: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021)

    February 28, 2021
    Power of Attorney: All you need to know: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, …Read More »
  • Updated vaccination guidance note

    February 26, 2021
    We have updated our vaccination guidance note to take account, amongst other things, of the two cases now decided by …Read More »
  • When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection

    February 26, 2021
    In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he …Read More »
  • A right to family life does not mean an obligation to endure one

    February 24, 2021
    In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37 …Read More »

RSS Bailii capacity cases

  • A And B (Minors: placement, faith) [2021] EWHC 455 (Admin) (01 March 2021) March 1, 2021
  • NZ, Re (Mental Capacity Act 2005) [2021] EWCOP 16 (23 February 2021) February 25, 2021
  • Xhelilaj, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) February 24, 2021
  • HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15 (16 February 2021) February 23, 2021
  • KAS v The Minister for Justice and Equality (Approved) [2021] IEHC 100 (09 February 2021) February 22, 2021

RSS Bailii CRPD cases

  • Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin) (03 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • M.H. v. THE UNITED KINGDOM - 11577/06 - Chamber Judgment [2013] ECHR 1008 (22 October 2013)0
    From European Court of Human Rights
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Z v A Government Department and the Board of Management of a Community School [2013] EUECJ C-363/12 (26 September 2013)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)

RSS MHLO updates

  • Electronic statutory forms guidance. DHSC, 'Electronic communication of statutory forms under the Mental Health Act' (updated 13/1/21)
    — A new 'Annex A: further advice on possible scenarios' has been added in this version.

RSS Baillii Mental Health Act cases

  • KMI, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 477 (Admin) (03 March 2021)0
    From England and Wales High Court (Administrative Court) Decisions
  • HU007512016 [2018] UKAITUR HU007512016 (23 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • A & B, PETITION OF AGAINST NHS GREATER GLASGOW & CLYDE HEALTH BOARD [2018] ScotCS CSOH_4 (26 January 2018)0
    From Scottish Court of Session Decisions
  • Mitocariu & Anor, R (On the Application Of) v Central And North West London NHS Foundation Trust [2018] EWHC 126 (Admin) (31 January 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 57 (02 February 2018)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • ZA, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 183 (Admin) (06 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • LMN v Government of Turkey [2018] EWHC 210 (Admin) (09 February 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • RH v Secretary of State for Work and Pensions (DLA) (Claims and payments - appointment to act) [2018] UKUT 48 (AAC) (12 February 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • PA096022016 [2018] UKAITUR PA096022016 (13 February 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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