The Court of Appeal in Singapore in Re BKR [2015] SGCA 26 has handed down a decision that exemplifies the… Read more
Category: Capacity
Informed consent: the Supreme Court and the patient as agent
Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a judgment that is required reading for all medical professionals, because… Read more
A true tangle – capacity, influence and the inherent jurisdiction
NCC v PB and TB [2014] EWCOP 14 Summary This decision of Parker J was handed down in March, but… Read more
Looking sidewise in the COP
RB v Brighton and Hove Council [2014] EWCA Civ 561 Summary In June 2007 RB sustained a serious brain injury… Read more
Advance decisions and the MHA 1983
Nottinghamshire Healthcare NHS Trust v RC [2014] EWHC 1317 (COP) Summary This is the sequel to the case of Nottinghamshire Healthcare… Read more
Going the extra mile – a model assessment of capacity
Wandsworth CCG v IA and TA [2014] EWHC 990 (COP) Summary This case is a model of the assessment of the… Read more
Tithing and the CoP – religion under the capacity microscope
A County Council v MS and RS [2014] EWHC B14 (COP) Summary MS was a Mormon. He was also mentally… Read more
Getting it right in the balance between autonomy and protection
A Local Authority v TZ (No.2) [2014] EWHC 973 (COP) Summary This is a sequel to a case that we… Read more
The Supreme Court pronounces on litigation capacity (and the effect of incapacity) in civil proceedings
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary Ms Dunhill sought to have a compromise agreement into… Read more
All change in the ordinary residence rules relating to incapacitated adults
R (Cornwall Council) v SoS for Health & Ors [2014] EWCA Civ 12 (Court of Appeal (Elias, Lewison and Floyd… Read more