In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of… Read more
The Sexual Offences Act, care workers, and paying for sex – the Court of Appeal pronounces
Category: Comments
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
Gillick competence, puberty-blockers and the Court of Appeal
In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal… Read more
Court fees increase from 30 September 2021
Following the consultation on increasing selected court fees and Help with Fees income thresholds by inflation, the Government response to… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Mental capacity, the internet, and when is it better to be honest about the limits of support?
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers… Read more
Capacity and the limits of decision-specificity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had… Read more
The Supreme Court grits its teeth – the inherent jurisdiction, deprivation of liberty and children
How should the courts respond to the shortage of provision for children and young people whose needs are such that… Read more
The UNCRPD and the 2000 Convention on the International Protection of Adults (and the rights of older persons)
I set out here the text of a joint statement by the UN Special Rapporteur on the rights of persons… Read more