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 ›
Category: Capacity
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 ›
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers made two striking observations about … Read More ›
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity … Read More ›
In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can … Read More ›
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in Re … Read More ›
The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have been reported to date (such … Read More ›
In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell judgment concerning the administration of … Read More ›
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest for the way in which … Read More ›
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the interrelationship between capacity and autonomy. … Read More ›