The May 2019 Mental Capacity Report will shortly be landing in inboxes for those already on the mailing list. Highlights… Read more
39 Essex Chambers May Mental Capacity Reports
Category: Case comments
An Act is passed – the LPS Bill gets Royal Assent
Royal Assent was given today (16 May) to what is now the Mental Capacity (Amendment) Act 2019, although no details… Read more
Sexual relations, rights and capacity
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019… Read more
Reproductive rights and when it is ‘right’ to go to court
University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests) [2019] EWCOP 16 concerned whether it… Read more
Capacity, pre-nuptial agreements and knowledge of your own assets
PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a… Read more
Executive dysfunction under the judicial spotlight
In TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 Macdonald J had cause to consider the… Read more
All (or at least part) go for the Mental Capacity Act (Northern Ireland)
Confounding the expectations of those who had thought that the stalemate in Stormont meant there was no possibility that MCA… Read more
LPS is go
The Mental Capacity (Amendment) Bill passed its final legislative stage in the House of Lords this evening (24 April) and… Read more
Seize the day, or lose the person
In FT v MM and RM [2019] EWHC 935 (Fam), Russell J has highlighted a real and problematic difference between… Read more
Sex, rights and controversy
The reported remarks of Hayden J at a directions hearing about the husband’s “right” to have sex with his wife… Read more