MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
Category: Capacity
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more
A Strasbourg shot across the bows for the MCA 2005
The decision of the European Court of Human Rights in ET v Moldova [2024] ECHR 858 is one with ramifications… Read more
Coercion, control and powers of attorney – a dilemma for the court
Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
Anticipatory declarations and supporting P in her wish to protect herself
Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision. It… Read more
Belief and mental capacity – the Court of Appeal decides
In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more