A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
Category: Comments
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The MHA/MCA interface revisited – Theis J rolls up her sleeves
Theis J has waded into the thickets of Schedule 1A. In Manchester University Hospital NHS Foundation Trust v JS &… Read more
Section 117 MHA, after-care, and ordinary residence: the Supreme Court gives clarity
The Supreme Court has clarified one aspect of the perennially thorny question of responsibility for funding after-care under s.117 MHA… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
The limits of autonomy – what happens where healthcare professionals consider the choice too risky?
R (JJ) v Spectrum Community Healthcare CIC [2023] EWCA Civ 885, a decision of the Court of Appeal handed down… Read more
Updated COP3 form now live
A substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so… Read more
Committal hearings in the Court of Protection – publicity and complexity
In Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the… Read more
Call for Evidence: Open Justice, the way forward
For those who have not already stumbled across it, a reminder that the Ministry of Justice has an open call… Read more
Deciding what alternative treatments are reasonable: a task for the doctor or the patient? The Supreme Court decides
In a decision handed down with considerable speed (the hearing being on 10-11 May 2023, and judgment being delivered on… Read more