The Law Society of Scotland has published on 19 May 2022 a detailed report considering and addressing current deficiencies in Scots… Read more
Category: Comments
Modernising Lasting Powers of Attorney: Government Response
The Ministry of Justice’s consultation paper on ‘Modernising Lasting Powers of Attorney’ (in England & Wales) was published on 20… Read more
Inequitable access to transplants – adults with impaired decision-making capacity
In a slightly odd coincidence of timing, given the recent decision in the case of William Verden, an article that… Read more
Scottish Mental Health Law Review consultation
For those in Scotland (or those elsewhere wanting to see some fascinating and challenging law reform proposals in the field… Read more
The Spaces of Mental Capacity Law Moving Beyond Binaries (Beverley Clough, Routledge, 2021)
The Spaces of Mental Capacity Law Moving Beyond Binaries (Beverley Clough, Routledge, 2021, Hardback £120/ebook £33.29) [A version of this… Read more
New capacity guidance website launched
As part of the Mental Health & Justice project, a new website has been launched with guidelines for clinicians and… Read more
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
“Learning to learn” – capacity and the awareness of choice
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations… Read more
Capacity, consent and sexual relations – the Supreme Court decides
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
The Assisted Decision-Making (Capacity) Act 2015: Personal and Professional Reflections
Not just those within Ireland, but also those interested from other jurisdictions, in seeing how a hugely important law reform… Read more