In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
Capacity, social media and the internet
Category: Case comments
Voluntary psychiatric patients, suicide and the duty to protect – Strasbourg pronounces
In Fernandes de Olivera v Portugal [2019] ECHR 106, the Grand Chamber of the European Court of Human Rights, in a… Read more
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ,… Read more
The thinnest of legal ice – restricting contact and the MCA
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were… Read more
Attorneys, neglect and the shortcomings of s.44 MCA
In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more
Cross-border protection and the CRPD
I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European… Read more
Deprivation of liberty, restraint, and the CRPD: the view from the German Federal Constitutional Court
In what is about to be a big week for the Mental Health Act 1983, with the publication of the… Read more
Iron logic, coercion and odd outcomes: the Supreme Court decision in MM
In Secretary of State for Justice v MM [2018] UKSC 60, the Supreme Court (Lord Hughes dissenting) has upheld the… Read more
Supreme Court confirms that no need to go to court before treatment withdrawal where doctors and family agree
In Re Y [2018] UKSC 46, the Supreme Court has given the definitive answer to a question that has been… Read more