R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more
Distinguishing capacity and autonomy – the criminal law perspective
Category: Capacity
A right to family life does not mean an obligation to endure one
In ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 the court considered the residence and contact arrangements for a 37… Read more
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
More for the files on (ir)relevant information for important decisions
In Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56 HHJ Dodd helpfully turned the eye… Read more
Reporting upon capacity for the court (and more broadly) – what (not) to do
The decision in AMDC v AG & Anor [2020] EWCOP 58 serves as an important reminder of how demanding the… Read more
Determining capacity with one (judicial) hand tied behind your back
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide… Read more
Litigation capacity and litigation friends – news from the civil courts
In a judgment relating to the business affairs of the Hinduja family (Hinduja v Hinduja & Ors [2020] EWHC 1533… Read more
The Court of Appeal, decision-making capacity and sex: have we been getting it all wrong?
The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have… Read more
When does mental incapacity constitute a ‘status’?
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the… Read more