It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of… Read more
Category: Case comments
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update… Read more
Parental responsibility and puberty blockers
In AB v CD & Ors [2021] EWHC 741 (Fam), Lieven J has considered further the fall-out from the Bell… Read more
Ordinary residence and s.117 MHA 1983 – back to the statutory guidance
In a perhaps slightly curious development in 2020, the DHSC decided that its own statutory guidance (accompanying the Care Act)… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more
DNACPR decision-making: the CQC report and a shedinar on getting the law right
The CQC published on 18 March 2021 Protect, respect, connect – decisions about living and dying well during COVID-19, a… Read more
Distinguishing capacity and autonomy – the criminal law perspective
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the… Read more
Vaccination – looking at all the relevant circumstances
Re CR. [2021] EWCOP 19, decided by HHJ Butler differed to the previous two (both decided by Hayden J) because… Read more
The Court of Protection and obstetric decisions – two contrasting stories
In two decisions which came out simultaneously, the Court of Protection had to consider how to approach obstetric decisions, in… Read more
When would continuing life-sustaining treatment be unethical? Another agonising dilemma before the Court of Protection
In Re NZ [2021] EWCOP 16, Hayden J had to address, in even more acute form, the dilemma that he… Read more