PBM v TGT & X Local Authority [2019] EWCOP 6 addresses the questions of capacity to marry, enter into a… Read more
Capacity, pre-nuptial agreements and knowledge of your own assets
Category: Case comments
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
Will, preferences, amputation – and the need for early involvement of the court
The decision of Lieven J in East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10[1] is of importance for… Read more
ADRTs, medical obligations and decision-making relation in CANH
In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance… Read more
Capacity, social media and the internet
In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
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