In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that… Read more
Voting, discrimination and legal capacity
Category: Case comments
Substance or form? When do repeated errors invalidate a DoLS authorisation?
What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? … Read more
Relevant information for different categories of decision
As discussed in my shedinar on capacity fundamentals, one of the most common sources of unnecessary complexity in thinking about… Read more
Capacity, pregnancy, risk and the courts
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant… Read more
Sex and the limits of fluctuating capacity
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Securing autonomy – Article 8 in the balance
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
COVID-19 vaccination – best interests is not code for mandatory vaccination (and a reminder you can’t fail a capacity assessment)
The decision in SS v LB Richmond on Thames and SWL CCG [2021] EWCOP 31 is different to others that have… Read more
Capacity in the rear view mirror
Amplifying a presentation that I gave on 17 May 2021 at a 39 Essex Chambers webinar examining the case of… Read more
Paying for sex and the Court of Protection
In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C,… Read more
Shedinar – responding to MHA reform: in conversation with Akiko Hart
In this “in conversation with” Akiko Hart (at that time) Chief Executive of the National Survivor Users Network, we discuss… Read more