The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
When not to presume upon a presumption
Category: Comments
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
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Fluctuating capacity – another judicial take
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more