Department of Health Guidance The Department of Health has this afternoon (28 March) issued guidance to health and social care… Read more
Cheshire West – the DH speaks (and further practical guidance)
Category: Case comments
Deprivation of liberty – practical guidance
A short post to note that I have, with my fellow Mental Capacity Law Newsletter editors, put together a guide… Read more
Cheshire West – one day on
Introduction I summarised yesterday the key points of the decision, and gave some initial comments. I want to return today… Read more
Cheshire West: the Supreme Court’s right hook
Introduction After a wait that – if one was being impertinent – might seem doubtfully compliant with the requirement of… Read more
The judges speak
As I noted this morning, the President and Vice-President of the Court of Protection, Sir James Munby and Mr Justice… Read more
Reflections on the COP and MCA by Gordon Ashton
I am very grateful indeed to Gordon Ashton OBE, the editor of Jordans’ Court of Protection Practice, and one of… Read more
Keeping it concrete – the Court of Appeal on testamentary capacity
Simon v Byford [2014] EWCA Civ 280 Summary This is the appeal from the decision of Nicholas Strauss QC that… Read more
The Supreme Court pronounces on litigation capacity (and the effect of incapacity) in civil proceedings
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary Ms Dunhill sought to have a compromise agreement into… Read more
Another C-Section case and the ‘secret’ court
Since the widely-reported case of Ms Pacchieri (Re AA [2012] EWHC 4378 (COP)), there has been a string of cases… Read more
This really is no way to die
A really depressing report by the Parliamentary and Health Service Ombudsman (PHSO) and the Local Government Ombudsman (LGO) has just been… Read more