Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together… Read more
Inherent jurisdiction guidance note
Category: Comments
Capacity assessment research – help wanted!
As part of the Wellcome-funded Mental Health and Justice Project, a metacognition workstream is looking at the interfaces between mental capacity… Read more
DOLS delayed in Northern Ireland
In a setback both for rights protection and for fusion enthusiasts, it has been announced that the deprivation of liberty… Read more
Civil Justice Council consultation on vulnerable witnesses and parties in civil proceedings
The Civil Justice Council has issued a detailed paper setting out the current position and proposals for reform of the… Read more
Fluctuating capacity – micro vs macro decisions
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where… Read more
Court of Protection Handbook Third Edition now published!
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon)… Read more
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more
CTOs and community deprivation of liberty – some welcome clarity
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity… Read more