In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
Category: Case comments
Changes to P&A deputyship applications from 1 January 2023 – updated (and a festive puzzle)
As part of the move to a new notification process will become the standard process for all Property and Affairs… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
George Orwell and best interests – DoLS and public protection under the spotlight
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more
Changes to P&A deputyship applications from 1 January 2023
From January 2023, the new upfront notification process will become the standard process for all Property and Affairs deputyship applications,… Read more
LPS implementation – a hare running
In a rather spectacular coup, Community Care reported on 28 October 2022 that LPS implementation was due in October 2023,… Read more
Transparently clunky – Mostyn J and transparency orders before the Court of Protection
In Re EM [2022] EWCOP 31, Mostyn J expressed a number of concerns about the transparency order made in the… Read more
Archie Battersbee: the context and the relevance of the Convention on the Rights of Persons with Disabilities
For several days, the case of Archie Battersbee has been a lead story in the media in England & Wales. … Read more
Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (BMA/Law Society) 5th edition almost here
Warning: further shameless self-promotion. The 5th edition of the Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers… Read more
The LPS and care providers
In this video, recorded on 12 July 2022, I give an overview of how the LPS is relevant for care… Read more
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