This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in… Read more
Four years on from Cheshire West – some brief reflections
Category: Case comments
Law Commission Deprivation of Liberty report – the Government responds
The Government has today (14 March) published its response to the Law Commission’s Mental Capacity and Deprivation of Liberty report. … Read more
A complex and very personal cocktail of capacity and vulnerability – Baker J on the case
[I am happy to host here a guest post by Zena Soormally, Associate Solicitor at Simpson Millar and Andrew Bagchi QC of 1… Read more
Treatment withdrawal – the Indian Supreme Court perspective
In a true door-stop of a judgment (538 pages) the Indian Supreme Court confirmed on 9 March the lawfulness of… Read more
Re Y: watch here
The Supreme Court website now has available for streaming the whole hearing in Re Y. Judgment both is reserved and… Read more
Deprivation of liberty in the hospital setting – new guidance note
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of… Read more
Confinement, consent and judicial authorisation for children
In Re A-F (Children) [2018] EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation… Read more
Deckchairs on the legal Titanic? The Re X saga continues
In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of… Read more
Confirmation (for now) as to CANH withdrawal and the role of the COP
In Re Y[2017] EWHC 2866 (QB), handed down this morning (13 November), O’Farrell J has declared that it is not… Read more
New PDs now published (and one that hasn’t been)
Accompanying the new Rules to come into effect on 1 December 2017 (assuming Parliamentary approval), a new suite of Practice… Read more