As an addition to my LPS resources page (which is starting to fill out), I’ve recorded a walkthrough of the… Read more
LPS – background and walkthrough
Category: Comments
“Personal examination” means “personal examination” within the MHA
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has… Read more
When is a refusal by a 16 or 17 year old of treatment determinative?
When should refusal of treatment by someone under 18 be determinative? For many years, it had been thought that the… Read more
39 Essex Chambers January 2021 Mental Capacity Report
The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include;… Read more
Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision
The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been… Read more
Contempt, court orders and P’s confidentiality – an update
The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction… Read more
The Court of Protection treads very carefully – sexual gratification, capacity and experiential learning
AA (Court of Protection: Capacity To Consent To Sexual Practices) [2020] EWCOP 66 concerned AA, a 19 year old man,… Read more
The police and the Court of Protection – whose interests?
In AB (Court of Protection: Police Disclosure) [2019] EWCOP 66, a decision handed down in October 2019, but which for some… Read more
What does Article 8 add to best interests? (clue – it definitely helps)
Re CVF [2020] EWCOP 65 concerned the capacity and best interests of a 29 year old woman, CVF, with diagnoses… Read more
Confidential material and when you cannot be a party (even if you want to be)
In KK v Leeds City Council [2020] EWCOP 64, Cobb J had to consider whether P’s maternal aunt should be joined… Read more