The Supreme Court website now has available for streaming the whole hearing in Re Y. Judgment both is reserved and… Read more
Re Y: watch here
Category: Case comments
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
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