The decision in AMDC v AG & Anor [2020] EWCOP 58 serves as an important reminder of how demanding the… Read more
Reporting upon capacity for the court (and more broadly) – what (not) to do
Category: Capacity
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
COVID-19 and care homes – further developments from the Court of Protection
BP v Surrey County Council & Anor [2020] EWCOP 22 is the second decision concerning an 83 year old man,… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more