Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Category: Case comments
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
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