In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court held that… Read more
Remote assessments and MHA renewals – the High Court rules them out
Category: Case comments
Charging, the Care Act and capacity – in conversation with Arianna Kelly
In this ‘in conversation with,’ I am joined by my colleague at 39 Essex Chambers, Arianna Kelly, to talk about… Read more
39 Essex Chambers Mental Capacity Report December 2023 and walkthrough
The December 2023 report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty… Read more
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
‘Two Ps’ – navigating two sets of best interests
In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Brain stem death, an explainer of the law in England & Wales, and a question of consent
The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (‘DNC’), and… Read more
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