In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a… Read more
Category: Capacity
A complex and very personal cocktail of capacity and vulnerability – Baker J on the case
[I am happy to host here a guest post by Zena Soormally, Associate Solicitor at Simpson Millar and Andrew Bagchi QC of 1… Read more
Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy
In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in… Read more
Sex and the simple test?
In the London Borough of Southwark v KA & Ors [2016] EWHC 661 (Fam), Parker J had to grapple –… Read more
Next month’s newsletter is getting longer and longer
The judiciary have been going into overdrive. Since my last mini news update, not only will be reporting upon the… Read more
Singapore, the MCAs and undue influence
The Court of Appeal in Singapore in Re BKR [2015] SGCA 26 has handed down a decision that exemplifies the… Read more
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