It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Category: Comments
Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more
Powers of Attorney Bill – what changes would it make to the LPA regime in England & Wales: walkthrough and amended version of MCA
In May 2022, the Ministry of Justice indicated in its response to the Modernising Lasting Powers of Attorney consultation that it… Read more
Book Review: Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England
Looking after Miss Alexander: Care, Mental Capacity, and the Court of Protection in Mid-Twentieth-Century England (Janet Weston, McGill-Queens University Press,… Read more
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Changes to P&A deputyship applications from 1 January 2023 – updated (and a festive puzzle)
As part of the move to a new notification process will become the standard process for all Property and Affairs… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
George Orwell and best interests – DoLS and public protection under the spotlight
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more
Changes to P&A deputyship applications from 1 January 2023
From January 2023, the new upfront notification process will become the standard process for all Property and Affairs deputyship applications,… Read more
Judging Values project – final report now published
The final report of the Judging Values and Participation in Mental Capacity Law project has now been published. Led by… Read more
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