The philosopher Hegel famously considered that progress was made by a thesis being advanced, to which an antithesis could be… Read more
Category: Case comments
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
Rights of older persons – UN working group (and action which can be taken already)
The thirteenth session of the UN Open-Ended Working Group on Ageing for the purpose of strengthening the protection of the human… Read more
Reporting restrictions and serious medical treatment cases – a difficult (evidenced) balance
In the conjoined appeals of Abbasi and Haastrup [2023] EWCA Civ 331, the Court of Appeal has grappled with the… Read more
Capacity, best interests and divorce: does the Court of Protection have a role?
[This post is a joint effort by me together with Neil Allen and Emma Spruce, Counsel acting for D in… Read more
Fluctuating capacity – making rights real and practical, not theoretical and illusory
Hot on the heels of the decision in North Bristol NHS Trust v R [2023] EWCOP 5, another decision has… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Fluctuating capacity, emotional dysregulation and public protection: a swansong for Hayden J
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J… Read more
Systemically failing the human rights of children: the President of the Family Division shouts as loudly as he can
It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more