In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the… Read more
Hospitals, scarce resources and human rights
Category: Comments
Care homes and contact restrictions arising out of COVID-19: the Court of Protection pronounces
In BP v Surrey County Council & Anor [2020] EWCOP 17, Hayden J had to grapple with the impact of… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
Medical treatment: delay, neglect and judicial despair
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to… Read more
Not only inimical… but potentially fatal, an update
Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it… Read more
Mental Health Tribunal rule consultation
The Tribunal Procedure Committee has opened a consultation, closing on 7 April, on extending the window within which the Mental Health… Read more
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Scottish Mental Health Law Review – website and consultation
The independent review of mental health law in Scotland under the chair of John Scott QC has launched its website,… Read more