The thirteenth session of the UN Open-Ended Working Group on Ageing for the purpose of strengthening the protection of the human… Read more
Category: Case comments
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
Powers of Attorney Bill – what changes would it make to the LPA regime in England & Wales: walkthrough and amended version of MCA
In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it… Read more
Book Review: Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England
Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England (Janet Weston, McGill-Queens University Press,… Read more