In what is about to be a big week for the Mental Health Act 1983, with the publication of the… Read more
Deprivation of liberty, restraint, and the CRPD: the view from the German Federal Constitutional Court
Category: Case comments
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
Assisted dying judgment published
The Court of Appeal has rejected [2018] EWCA Civ 1431 the appeal by Noel Conway against the decision of the… Read more
Wishes, feelings (and transparency)
The small body of appellate level jurisdiction on the MCA has been added to in Re RW [2018] EWCA Civ 1067, concerning… Read more
39 Essex Chambers May Mental Capacity Reports
The May reports will be circulated shortly to those who have signed up for them, but for those who cannot… Read more
39 Essex Chambers Mental Capacity Report April 2018
The April 2018 Report is now available. Highlights include: (1) In the Health, Welfare and Deprivation of Liberty Report: the… Read more
The Skripals before the Court of Protection – more detailed analysis
The Court of Protection was thrust into the centre of a major international incident in SSHD v Sergei Skripal; SSHD v… Read more
Deceiving in the name of best interests
In Re AB [2016] EWCOP 66 which was decided in December 2016, but which only appeared on Bailii in March… Read more
Foreign powers of attorney – an unfortunate judicial wrong turn
[post updated on 29 March with more detail as to the operation of ‘foreign’ powers of attorney] Re JMK [2018]… Read more