[update – the appeal against this decision was allowed by the Court of Appeal in February 2025. Judgment is awaited,… Read more
Category: Case comments
Decision-making capacity and mental health law – the Norwegian experience: in conversation with Jacob Jorem
In this ‘in conversation with’, I talk to Jacob Jorem, a Norwegian psychiatrist, lawyer and researcher, about the Norwegian experience… Read more
Capacity for care providers
In this video, I seek to answer a question I very often get asked – namely “why do I keep… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more
Risk-taking, best interests and health and welfare deputies
AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
Capacity, habitual residence, and internet use in Scotland – a Court of Protection conundrum
In Newcastle City Council v LM [2023] EWCOP 69, David Rees KC (sitting as a Tier 3 Judge of the… Read more
Capacity and contempt proceedings – what is the test?
What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
Brain stem death and the courts – what to do where there is no clinical justification for hoping for a miracle
University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) adds to the small… Read more