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 ›
Category: Capacity
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 ›
In Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56 HHJ Dodd helpfully turned the eye of Sauron onto three areas … Read More ›
The decision in AMDC v AG & Anor [2020] EWCOP 58 serves as an important reminder of how demanding the process of assessing and reporting … Read More ›
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide whether the claimant had capacity … Read More ›
In a judgment relating to the business affairs of the Hinduja family (Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch)) Falk J, sitting in … Read More ›
The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have been asking the wrong question … Read More ›
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the question posed before the Upper … Read More ›
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 ›
BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man, BP. It follows the earlier … Read More ›