Cwm Taf Morgannwg University Health Board v RW & Anor [2026] EWCOP 10 (T3) provides a snapshot of the realities… Read more
Attorneys, failures to consult and consequences
Category: Case comments
Justice and the further expert
Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7 (T2) is a decision which, as its name… Read more
A Welsh white leopard? Litigation capacity in the absence of subject-matter capacity revisited
Whether you can have capacity to conduct proceedings about a decision you lack capacity to make is a question that… Read more
Overwhelming desires and capacity – in conversation with Dr Joe Gough
In this ‘in conversation’ with Dr Joe Gough, we discuss some of the fruits of his British Academy Postdoctoral Fellowship… Read more
Cannabis, criminality and capacity – a Jersey perspective
In the Capacity and Self-Determination Law 2016, Jersey has a framework which looks a great deal like the Mental Capacity… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it? – the Supreme Court pronounces
The Supreme Court has allowed the appeal of three of the relevant public bodies in the Lewis-Ranwell case, concerning the effect… Read more
Personal welfare deputies, principle and pragmatism
In Parr v Cheshire East Council & Anor [2026] EWCOP 1 (T3), and whilst expressly applying, rather than seeking to… Read more
January 2026 capacity mini-update
We do not publish a January Mental Capacity Report, but there have been a number of relevant developments meriting brief… Read more
Capacity to marry – the English perspective (and is it the last word?)
Hot on the heels of the first Irish case to consider capacity to marry under their new regime, by pure… Read more
Mental health conditions, cancer investigation and capacity – the challenges of achieving parity
Powys Teaching Health Board & Anor v NT & Anor [2025] EWCOP 44 (T3), bluntly, illustrates why those with mental health… Read more