The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Category: Case comments
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?
[Update, the Supreme Court allowed the defendants’ appeal on 21 January 2026; see here] If you have been found by… 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
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
LPAs – the duties on the certificate provider
In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven… Read more