Case comments – Page 2 – Mental Capacity Law and Policy

Fact finding in the Court of Protection

Posted on 6 November 2025

In Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3), Lieven J has provided a helpful recap of… Read more

Posted on 15 October 2025

Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more

Posted on 30 September 2025

[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more

Posted on 25 September 2025

By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more

Posted on 23 September 2025

Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more

Posted on 23 September 2025

TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more

Posted on 14 August 2025

The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA… Read more

Posted on 2 August 2025

Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3) is a challenging case at a number of… Read more

Posted on 30 July 2025 Updated on 30 July 2025

For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more

Posted on 28 July 2025 Updated on 30 July 2025

The Court of Protection on occasion has to deal with those who are determined to stymie its jurisdiction. In Kirk… Read more

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