If you have been found by a criminal court that you did not know what you were doing was wrong… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
Category: Comments
Long-term s.17 MHA leave: a further go-round (by analogy) before the Supreme Court
In Re RM Application for Judicial Review (Northern Ireland) [2024] UKSC 7, the provisions of the Mental Health Order (Northern Ireland) 1986 came… Read more
Scottish Guardianship Orders, Deprivation of Liberty and Article 5 ECHR: a serious cross-border concern
In Aberdeenshire Council v SF (No 2) [2024] EWCOP 10, Poole J took the very unusual step of declining to… Read more
Revised help with Court of Protection fees process
A revised COP44A Help with fees application, and COP44B guidance notes have been published and are to be used with… Read more
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
LPAs – the duties on the certificate provider
In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven… Read more
We all die: what are doctors’ duties to shield families from the sight of death?
In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and,… Read more
The European Court of Human Rights: mental health detention and Articles 3 and 5 ECHR
Strasbourg means what it says in relation to the tightening of the criteria for admission and detention in the context… Read more