Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
Medical treatment and 16/17 year olds – joining the dots
Category: Capacity
Fluctuating capacity – micro vs macro decisions
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Sex, social media and ‘silos’: the Court of Appeal pronounces
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific… Read more
Sexual relations, rights and capacity
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019… Read more
Capacity, pre-nuptial agreements and knowledge of your own assets
PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a… Read more
Executive dysfunction under the judicial spotlight
In TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 Macdonald J had cause to consider the… Read more
Capacity, social media and the internet
In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a… Read more