Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Category: Case comments
Obstetric cases and the Court of Protection – the need for timeliness (again)
Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
The persistent urban myth of DoLS
R (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more
Capacity, hospital discharge and possession orders – a checklist and a gap in the court’s powers?
Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) concerns the challenge of delayed discharge from hospital and, specifically,… Read more
Property and affairs deputyship applications – the digital route will be mandatory for legal professionals from 2 December 2024
In a letter sent out on 18 November 2024 (but which had the wrong date, subsequently corrected), HMCTS has confirmed… Read more
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Discrimination and the dismissal of complaints by those with cognitive impairments – a strong statement from Strasbourg
The decision of the European Court of Human Rights in Clipea & Grosu v Moldova [2024] ECHR 867 is the… Read more