A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In… Read more
Capacity in context – a paradigm case
Category: Capacity
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder…. Read more
Executive capacity and the Court of Protection
Warrington Borough Council v Y & Ors [2023] EWCOP 27. This application concerned Y, who was in her early twenties…. Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Fluctuating capacity – making rights real and practical, not theoretical and illusory
Hot on the heels of the decision in North Bristol NHS Trust v R [2023] EWCOP 5, another decision has… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more