Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom … Read More ›
Category: Case comments
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and UCLH NHS Foundation Trust [2024] … Read More ›
In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven J has confirmed something which … Read More ›
In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual … Read More ›
Strasbourg means what it says in relation to the tightening of the criteria for admission and detention in the context of mental disorder that has … Read More ›
In lieu of a Mental Capacity Report, the next edition of which will be out in February, and which will have further coverage of the … Read More ›
A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In very broad outline, however, it … Read More ›
A Hospital NHS Foundation Trust v K [2023] EWCOP 59 concerned the treatment for leukaemia of a patient detained under the Mental Health Act 1983. … Read More ›
In The NHS Foundation Trust v K [2023] EWCOP 57, Judd J had to consider an application for declarations with respect for K, a young … Read More ›
Paul Bowen KC, sitting as a Tier 3 Judge, helpfully restated the interaction between the MCA and the ECHR in the medical treatment context in … Read More ›