Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple… Read more
Category: Comments
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
Advance choices across jurisdictions – mental health and physical health
In the context of the imminent start of the Public Bill Committee stage of the Mental Health Bill in the… Read more
Law Commission Modernising Wills Law project reports
After nearly 10 years, much longer than most projects (and caused in part by the then-government requesting a delay at… Read more
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Litigation capacity – and what happens if you never had it?
Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present… Read more
Cross-border capacity cases within the UK: a new judicial protocol and handbook
A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases… Read more
The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care
The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more
Parental consent to the confinement of younger children – again
The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children… Read more