The Civil Justice Council has published a consultation on Procedure for Determining Mental Capacity in Civil Proceedings which is shortly… Read more
Category: Comments
Lieven J puts the (Cheshire West) cat amongst the pigeons
Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. In order to make… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Exercising legal capacity and termination: a creative approach by the Court of Protection
The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
“Two Ps” – a worked out example
Not enough judgments of District Judges are published. This is in part because very many decisions that they make are… Read more
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more
If you do not know you are doing wrong, can you sue for not being prevented from doing it?
[Update, the Supreme Court allowed the defendants’ appeal on 21 January 2026; see here] If you have been found by… Read more
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