Accompanying the new Rules to come into effect on 1 December 2017 (assuming Parliamentary approval), a new suite of Practice… Read more
New PDs now published (and one that hasn’t been)
Category: Case comments
Court of Protection Rules 2017 – all change
The Court of Protection Rules 2017 have been laid before Parliament, to come into force on 1 December. These recast… Read more
‘Teen Bournewood’: Court of Appeal decision now out
The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment… Read more
Safeguarding adults: intersections with mental capacity and mental health – seminar 24 November
The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November. … Read more
Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy
In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in… Read more
Assisted dying challenge judgment now handed down
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
Rule 3A representatives, family members (and the ‘obiter trap’)
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more
M, Medical Treatment and the Court of Protection – More Detailed Thoughts
Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation… Read more
Medical treatment cases and the Court of Protection
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no… Read more
All life is an experiment – patient choice from the other side of capacity
In a fascinating judgment, B v D [2017] EWCOP 15, handed down on 5 September, Baker J had to consider… Read more