In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Capacity and sexual relations – trying to make it personal
Category: Comments
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
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more
Personal welfare deputies – to appoint or not?
The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare… Read more
Medical treatment, best interests, and the desire to live
If proof were needed that Bland has politely been consigned to the history books, it can be found in the… Read more
Sex, social media and ‘silos’: the Court of Appeal pronounces
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific… Read more
Deprivation of liberty – appropriate places and appropriate treatment
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important… Read more
Life-sustaining treatment – what would P have done? And does it make a difference that she is in a ‘pro-life’ nursing home?
In A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18, MacDonald J gave a detailed judgment to… Read more