The December 2023 report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty… Read more
39 Essex Chambers Mental Capacity Report December 2023 and walkthrough
Category: Comments
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
Wales striking out alone on mental health reform?
In a fascinating development, James Evans MS, who won the relevant ballot, is to seek to put before the Senedd… Read more
My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people
Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme… Read more
Mental health, mental capacity and the King’s Speech: rights protection absent legislative change
The background briefing notes to the King’s Speech on 7 November 2023 confirmed by their silence that which was increasingly… Read more
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
‘Two Ps’ – navigating two sets of best interests
In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more
Law Commission Wills project – supplementary consultation
The Law Commission has today (5 October 2023) published Making a Will: A Supplementary Consultation Paper, together with the accompanying… Read more