R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more
Capacity, autonomy and the limits of the obligation to secure life
Category: Case comments
The tendency of human nature to be swayed by interest rather than duty
In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed… Read more
Deprivation of liberty and care providers – how thick is your legal ice?
In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting… Read more
Lieven J puts the (Cheshire West) cat amongst the pigeons
Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
If you have been found by a criminal court that you did not know what you were doing was wrong… Read more
Long-term s.17 MHA leave: a further go-round (by analogy) before the Supreme Court
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came… Read more
Scottish Guardianship Orders, Deprivation of Liberty and Article 5 ECHR: a serious cross-border concern
In Aberdeenshire Council v SF (No 2) [2024] EWCOP 10, Poole J took the very unusual step of declining to… Read more