In Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the… Read more
Committal hearings in the Court of Protection – publicity and complexity
Category: Case comments
Deciding what alternative treatments are reasonable: a task for the doctor or the patient? The Supreme Court decides
In a decision handed down with considerable speed (the hearing being on 10-11 May 2023, and judgment being delivered on… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more
39 Essex Chambers Mental Capacity Case Reports: issue 2 now out
As the Court of Protection Law Reports series has been discontinued by LexisNexis, the Court of Protection has lost a… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder…. Read more
Executive capacity and the Court of Protection
Warrington Borough Council v Y & Ors [2023] EWCOP 27. This application concerned Y, who was in her early twenties…. Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more
Hegel and testamentary capacity: a synthesis between the common law and the MCA 2005?
The philosopher Hegel famously considered that progress was made by a thesis being advanced, to which an antithesis could be… Read more
39 Essex Chambers Mental Capacity Case Reports: new headnoted series launched
As the Court of Protection Law Reports series has been discontinued by LexisNexis, the Court of Protection is losing a… Read more