In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
‘Two Ps’ – navigating two sets of best interests
Category: Comments
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
Brain stem death, an explainer of the law in England & Wales, and a question of consent
The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (‘DNC’), and… Read more
The Powers of Attorney Act 2023 – and how it will change the law
Royal Assent was granted on 18 September 2023 to the Powers of Attorney Bill – now the Powers of Attorney… Read more
When does disbelieving your doctor shade into incapacity? What place diagnosis in the MCA test?
The desperately sad case of An NHS Trust v ST & Anor [2023] EWCOP 40 provides an example of how… Read more
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
‘Warehousing’ and the limits of appropriate treatment under the MHA 1983 – important new Upper Tribunal case
The issue facing the Upper Tribunal in SF v Avon and Wiltshire Mental Health Partnership [2023] UKUT 205 (AAC) was crisply… Read more
The mental capacity and mental health law and policy landscape – a stocktake
As (for some at least) a summer break is starting to come to an end, I have recorded a version… Read more
Dialysis and different realities – the Court of Protection has to decide
In Nottingham University Hospitals NHS Trust v JM & Anor [2023] EWCOP 38, Hayden J has helpfully reminded us of… Read more