The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have… Read more
The Court of Appeal, decision-making capacity and sex: have we been getting it all wrong?
Category: Comments
Not all deprivations of liberty are equal: the limits of the state’s operational duty to protect the right to life
The Court of Appeal in R(Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738 has held… Read more
Parole Board hearings, participation and impaired decision-making capacity
In R(EG) v Parole Board & Ors [2020] EWHC 1457 (Admin), May J considered the requirements for effective participation in… Read more
Advance decisions to refuse treatment – getting it right
In light both of the increased focus on advance care planning and the recent case reinforcing the importance of compliance… Read more
‘True’ best interests, advance decisions and the subjective approach
In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him… Read more
Law and ethics – in conversation with Julian Sheather
In this shedinar, I talk to Julian Sheather, special adviser in ethics and human rights to the British Medical Association. … Read more
Court of Protection update
Senior Judge Hilder and the Operations Manager of the Court of Protection have provided an update on the court’s performance… Read more
When does mental incapacity constitute a ‘status’?
Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination? That was the… Read more
The Court of Protection, injunctions and persons unknown
In Re SF (Injunctions) [2020] EWCOP 19, Keehan J was concerned with a young woman, SF, who had a diagnosis… Read more
Best interests, death at home and the Court of Protection
In VE v AO & Ors [2020] EWCOP 23, Lieven J was asked to determine whether it was in the… Read more