As Lieven J noted in her opening paragraph, A Council v An NHS Foundation Trust & Ors [2024] EWHC 874… Read more
Capacity, presumptions and catastrophe
Category: Comments
Residence, care, sex and marriage: an (unusual) successful appeal on capacity
Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in… Read more
Children, capacity and accepting the diagnosis
Y NHS Foundation Trust v AN & Anor [2024] EWHC 805 (Fam) concerned a 16 year old girl, AN, who had… Read more
Fees increase in the Court of Protection
With effect from 1 May 2024, the fee for making an application in the Court of Protection will rise from… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… Read more
Amended Court of Protection Practice Directions from 1 April 2024
Amendments to three Practice Directions supplementing the Court of Protection Rules 2017 have been made. In summary the changes are:… Read more
Government response to the Joint Committee on the draft Mental Health Bill published
The Government has today (21 March 2024) published its response to the report of the Joint Committee on the draft… Read more
The tendency of human nature to be swayed by interest rather than duty
In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed… Read more
Deprivation of liberty and care providers – how thick is your legal ice?
In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting… Read more
Capacity in civil proceedings consultation – help wanted (urgently!)
The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which is shortly… Read more