Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Category: Comments
Some good news on legal aid
Reflecting commitments made in the response to the Legal Aid Means Test Review, the Criminal and Civil Legal Aid (Amendment)… Read more
39 Essex Chambers Mental Capacity Case Reports: issue 2 now out
As the Court of Protection Law Reports series has been discontinued by LexisNexis, the Court of Protection has lost a… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder…. Read more
Executive capacity and the Court of Protection
Warrington Borough Council v Y & Ors [2023] EWCOP 27. This application concerned Y, who was in her early twenties…. Read more
Scottish Mental Health Law Review – the Scottish Government response
The Scottish Government has today (28 June 2023) published its response to the independent review of mental health, capacity and… Read more
Deprivation of liberty applications relating to children: what is actually happening?
[In an extremely helpful, but depressing, report published on 22 June 2023, the Nuffield Family Justice Observatory analysed applications received… Read more
Visiting in care homes, hospitals and hospices – consultation on proposed new legislation in England
The Department of Health and Social Care is consulting (with a closing date of 16 August 2023), seeking “views on… Read more
What should happen where it appears impossible to engage the person? A high-stakes question for the Court of Protection
In Nottingham University Hospitals NHS Trust & Anor v RL & Ors [2023] EWCOP 22 (a decision handed down in… Read more