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Category: Inherent jurisdiction

Case comments, Deprivation of liberty, Inherent jurisdiction

The inherent jurisdiction, deprivation of liberty and out of hours applications

In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, but not quite, answered the … Read More ›

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Posted on October 27, 2020
Birth arrangements, Capacity, Case comments, Inherent jurisdiction, Medical treatment

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 the court is meant to … Read More ›

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Posted on January 30, 2020January 30, 2020
Inherent jurisdiction, Practice and Procedure

The inherent jurisdiction and costs

In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made in relation to vulnerable adults … Read More ›

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Posted on October 23, 2019
Inherent jurisdiction, Miscellaneous

Inherent jurisdiction guidance note

Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together with others on the 39 … Read More ›

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Posted on October 10, 2019
Capacity, Case comments, Comments, Inherent jurisdiction

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 relation to a child about … Read More ›

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Posted on October 10, 2017
Capacity, Case comments, Deprivation of liberty, Inherent jurisdiction, Practice and Procedure

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 only appeared on Bailii in … Read More ›

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Posted on July 23, 2014
Capacity, Case comments, Inherent jurisdiction

Getting capacity right: the crossover between the inherent jurisdiction and the Court of Protection

LB Redbridge v G, C and F  [2014] EWHC 485 (COP) (Russell J) Summary This case (the subject of a rather alarmist article whilst ongoing, … Read More ›

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Posted on March 1, 2014March 4, 2014

Recent Posts

  • Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article

    April 2, 2021
    An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
  • End of term report from the Mental Capacity Report team

    April 1, 2021
    For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
  • A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)

    March 30, 2021
    It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
  • Mediation and medical cases – reflections on process and outcomes

    March 29, 2021
    In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
  • Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?

    March 26, 2021
    In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

RSS Bailii capacity cases

  • HU105522019 [2021] UKAITUR HU105522019 (29 March 2021) April 15, 2021
  • Rea v Rea & Ors [2021] EWHC 893 (Ch) (14 April 2021) April 14, 2021
  • E and F v G and H (Unapproved) [2021] IECA 108 (13 April 2021) April 14, 2021
  • DB v Betsi Cadawaldr University Health Board (#) [2021] UKUT 53 (AAC) (3 March 2021) April 8, 2021
  • Mr X and the Courts Service [2020] IEIC 97290 (20 November 2020) April 7, 2021

RSS Bailii CRPD cases

  • E and F v G. and H (Unapproved) [2021] IECA 108 (13 April 2021)0
    From Irish Court of Appeal
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • Sexual Offences and Capacity to Consent (LRC 109-2013) [2013] IELRC 109 (November 2013)0
    From Irish Law Reform Commission Papers and Reports
  • Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • X.Y. a minor suing by her guardian ad litem Raymond McEvoy v HSE [2013] IEHC 490 (07 November 2013)0
    From High Court of Ireland Decisions
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)0
    From Industrial Tribunals Northern Ireland Decisions

RSS MHLO updates

  • Books page updated
    — The Books page has been revamped and now has cover images for all books. Please let me know if any good books are missing. You can support MHLO by purchasing the Law Society's MHT book (2013) and the Annual Review 2020. Also, please bookmark this Amazon affiliate link and use it before making any […]
  • Medication book. British National Formulary (Pharmaceutical Press, 81st edn 2021)
    — The BNF is published biannually and includes key information on the selection, prescribing, dispensing and administration of medicines.
  • MHA book. Steven Richards and Aasya Mughal, Working with the Mental Health Act (4th edition, Matrix Training 2020)
    — MHA book
  • Mental Capacity Report note. Alex Ruck Keene et al, 'Mental Capacity Report - End of term update' (39 Essex Chambers, 1/4/21)
    — There is no April 2021 Mental Capacity Report, but this "end of term update" briefly lists nine key developments in relation to: (1) three COP decisions; (2) e-filing of DOL cases; (3) OPG rapid register search service; (4) supported living and care home guidance; (5) CQC DNACPR report; (6) parental consent to puberty blockers; […]
  • Book update. Alex Ruck Keene et al, 'Court of Protection Handbook: Handbook updates' (updated 1/2/21)
    — This web page contains quarterly updates to Alex Ruck Keene et al, Court of Protection Handbook: A User's Guide (3rd edn, LAG 2019).

RSS Baillii Mental Health Act cases

  • AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)0
    From England and Wales High Court (Family Division) Decisions
  • JT v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - Regulation 29) [2018] UKUT 124 (AAC) (11 April 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • JMK, Re [2018] EWCOP 5 (13 March 2018)0
    From England and Wales Court of Protection Decisions
  • PA105142016 [2018] UKAITUR PA105142016 (14 March 2018)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)0
    From England and Wales High Court (Chancery Division) Decisions
  • Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)0
    From England and Wales High Court (Administrative Court) Decisions
  • Edwards, R. v [2018] EWCA Crim 595 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Thompson v R [2018] EWCA Crim 639 (27 March 2018)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • M v ABM University Health Board (Mental health) [2018] UKUT 120 (AAC) (27 March 2018)0
    From Upper Tribunal (Administrative Appeals Chamber)

Monthly Post Archives

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  • December 2019 (1)
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  • August 2014 (5)
  • July 2014 (8)
  • June 2014 (5)
  • May 2014 (7)
  • April 2014 (13)
  • March 2014 (24)

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