In a veritable doorstop of a report published today, 25 April 2023, the Nuffield Council on Bioethics sets out its… Read more
Category: Comments
39 Essex Chambers Mental Capacity Case Reports: new headnoted series launched
As the Court of Protection Law Reports series has been discontinued by LexisNexis, the Court of Protection is losing a… Read more
Rights of older persons – UN working group (and action which can be taken already)
The thirteenth session of the UN Open-Ended Working Group on Ageing for the purpose of strengthening the protection of the human… Read more
CPR Part 21: all (apparent) change
With effect from 6 April 2023, there has been a change in how the civil courts approach questions relating to… Read more
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