With effect from 6 April 2023, there has been a change in how the civil courts approach questions relating to… Read more
CPR Part 21: all (apparent) change
Category: Comments
Reporting restrictions and serious medical treatment cases – a difficult (evidenced) balance
In the conjoined appeals of Abbasi and Haastrup [2023] EWCA Civ 331, the Court of Appeal has grappled with the… Read more
Capacity, best interests and divorce: does the Court of Protection have a role?
[This post is a joint effort by me together with Neil Allen and Emma Spruce, Counsel acting for D in… Read more
Fluctuating capacity – making rights real and practical, not theoretical and illusory
Hot on the heels of the decision in North Bristol NHS Trust v R [2023] EWCOP 5, another decision has… Read more
A capacity masterclass from MacDonald J (and an updated capacity guide from us)
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Capacity and the suicidal patient – new paper
Building on work led on by Dr Chloe Beale (see here for a conversation from my shed with her), a… Read more
Small payments scheme consultation: response now published
The Ministry of Justice consulted in 2021-22 on a potential mechanism to enable families seeking access to small funds belonging… Read more
Commencement of the Assisted Decision-Making (Capacity) Act 2015
After a very protracted journey, including amendments introduced even before it had been implemented, it was announced today (24 February)… Read more
Fluctuating capacity, emotional dysregulation and public protection: a swansong for Hayden J
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J… Read more
Diversity, dignity, equity and best practice: a framework for supported decision-making
As part of ongoing work related to the Australian Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability,… Read more