CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to… Read more
Capacity, insight and professional cultures – an important new decision from the Court of Protection
Category: Capacity
Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner
Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
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