Medical Treatment: Decisions and the Law (4th edition) (Edited by Christopher Johnston QC and Sophia Roper QC (Bloomsbury Professional, 2012, paperback… Read more
Category: Case comments
A “just” approach to uncertainty in mental health and capacity practice and policy – a King’s Policy Institute briefing report
As part of the Wellcome-funded Mental Health and Justice Project, the King’s Policy Institute held a Policy Lab in November… Read more
The World Congress on Adult Capacity: a dispatch
For the first time since the before-times, I found myself in mid-June 2022 heading on a train to, to an… Read more
The Spaces of Mental Capacity Law Moving Beyond Binaries (Beverley Clough, Routledge, 2021)
The Spaces of Mental Capacity Law Moving Beyond Binaries (Beverley Clough, Routledge, 2021, Hardback £120/ebook £33.29) [A version of this… Read more
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
“Learning to learn” – capacity and the awareness of choice
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations… Read more
Capacity, consent and sexual relations – the Supreme Court decides
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more
Contingency planning and the Court of Protection – what, if any, threshold has to be crossed?
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more