The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (‘DNC’), and… Read more
Category: Case comments
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
‘Warehousing’ and the limits of appropriate treatment under the MHA 1983 – important new Upper Tribunal case
The issue facing the Upper Tribunal in SF v Avon and Wiltshire Mental Health Partnership [2023] UKUT 205 (AAC) was crisply… Read more
The mental capacity and mental health law and policy landscape – a stocktake
As (for some at least) a summer break is starting to come to an end, I have recorded a version… Read more
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The MHA/MCA interface revisited – Theis J rolls up her sleeves
Theis J has waded into the thickets of Schedule 1A. In Manchester University Hospital NHS Foundation Trust v JS &… Read more
Section 117 MHA, after-care, and ordinary residence: the Supreme Court gives clarity
The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more